SPOKANE, Wash. — After a preliminary investigation concluded that the Spokane Regional Health District's Administrator Amelia Clark may have violated state law when she ousted the county's former health officer, the Washington State Board of Health (WSBOH) voted unanimously during a meeting on Tuesday to move forward with a formal hearing.
Prior to the decision to approve a formal hearing, some board members wondered how much it could accomplish while others pointed out that there are not many other avenues for the board to attempt to learn more about what happened in Clark's firing of former Spokane Regional Health Officer Dr. Bob Lutz.
The board also voted unanimously on Tuesday to hire an administrative law judge to preside over the hearing. The judge would not issue any initial or final orders, but would instead guide the process and make sure it follows protocols.
The WSBOH meeting began at 3:30 p.m. and adjourned shortly before 5:!5 p.m. on Tuesday. KREM 2 provided live updates on the meeting that can be found below. The full meeting was also livestreamed on the KREM 2 YouTube page.
Tap here for KREM's YouTube livestream of the meeting or watch below:
Clark initially fired former health officer Dr. Bob Lutz on Oct. 29, 2020. This happened before a public meeting took place. The Spokane County Board of Health then voted 8-4 in favor of terminating Dr. Lutz at a special meeting on Thursday, Nov. 5. Dr. Lutz currently serves on the state Board of Health.
Shortly after Dr. Lutz's termination, the Washington State Board of Health (WSBOH) voted unanimously to approve the preliminary investigation into Clark's actions regarding the firing.
The investigation was conducted by law firm Ogden Murphy Wallace, which was hired by the state board to look into the controversy further and determine whether laws were violated. Investigators reviewed public statements, press releases, press conferences, emails, and texts, and interviewed several key people.
The final recommendations section of the report concludes by saying:
"These facts support a preliminary finding that Ms. Clark removed Dr. Lutz as the Local Health Officer. Further, since Dr. Lutz was not given notice and an opportunity to be heard before the SRHD Board prior to his removal, the facts support a preliminary finding that Ms. Clark refused or neglected to obey or enforce RCW 70.05.050’s requirement that “the local health officer shall not be removed until after notice is given, and an opportunity for a hearing before the board or official responsible for his or her appointment under this section as to the reason for his or her removal.”
Live updates provided during the June 1, 2021 WSBOH meeting are available to read below:
4:59 p.m.: Board votes unanimously to hire an administrative law judge to preside over the hearing. The judge would not issue any initial or final orders, but would instead guide the process and make sure it follows protocols.
4:47 p.m.: WSBOH votes unanimously to move forward with a formal hearing regarding Clark's actions in ousting Dr. Lutz. The hearing date is to be determined.
4:45 p.m.: Fran Bessermin, a board member, says the proper option is to move forward with a hearing.
4:42 p.m.: Vazaskia Crockrell, a board member, says "we know what happened" and protocol was not followed in Dr. Lutz's firing, adding that she does not need another hearing to confirm what was outlined in the preliminary investigation.
4:38 p.m.: WSBOH Chair Keith Grellner says it's "very clear" that there was intent to terminate Dr. Lutz based on the preliminary information.
4:36 p.m.: Pendergrass says the WSBOH has "hearsay" from various parties, including Clark and Dr. Lutz, and that's why a formal hearing is necessary.
4:31 p.m.: There is a motion on the table to move forward with holding a hearing. The motion has a second and discussion is beginning.
4:29 p.m.: WSBOH Vice Chair Thomas Pendergrass says questions remain about what happened in executive session before Clark's Oct. 29 meeting with Dr. Lutz.
4:22 p.m.: Board members are reminded that the investigation results are preliminary and not a final determination.
4:19 p.m.: After a board member's question, Sutherland says Dr. Lutz was given notice and a hearing at a meeting of the SRHD Board on Nov. 5, 2020.
4:10 p.m.: The preliminary investigation recommendation is that Clark violated statutes referred to in the report by removing Dr. Lutz without providing notice or a hearing, Sutherland says.
4:07 p.m.: Sutherland says Dr. Lutz was placed on paid administrative leave retroactive to Oct. 30 on Nov. 2, 2020, according to her preliminary investigation findings.
4:05 p.m.: Clark said she placed Dr. Lutz on administrative leave on Oct. 30, but there is no evidence to support this other than Clark saying it was the case, according to Sutherland.
4:03 p.m.: A preponderance of evidence supports that Dr. Bob Lutz was not given notice and an opportunity for hearing when he was fired on Oct. 29, Sutherland says of her preliminary findings. She mentions that his firing date has been disputed.
3:58 p.m.: Karen Sutherland with law firm Ogden Murphy Wallace is presenting her findings in the preliminary investigation.
3:55 p.m.: The Washington State Board of Health resumes its meeting after executive session.
3:37 p.m.: Washington State Board of Health moves into executive session for 15 minutes. The members are discussing legal advice regarding potential litigation involving the Spokane Regional Health District (SRHD).
3:30 p.m.: Dr. Lutz has been recused from the meeting. Washington State Secretary of Health Dr. Umair Shah has also recused himself.
