No action was taken by the Ellsworth County Medical Center board of directors Nov. 17, after a 15-minute executive session to discuss non-elected personnel (individual, unvaccinated employees).

In the agenda distributed before the meeting, however, the agenda said “discussion of nonelected personnel: vaccination mandate for healthcare workers.”

Out of concern for a possible KORA (Kansas Open Records Act) violation, the Independent-Reporter contacted Max Kautsch, Kansas Press Association attorney, via e-mail.

Kautsch said “the (executive session) exception can be invoked only to discuss individuals, not groups. Discussion of a policy generally applicable to a group is not something for executive session.”

The I-R passed on Kautsch’s response to hospital board chairman Clint Rogers, CEO Jim Kirkbride, Executive Administrative Assistant Kayla Timms and board attorney Theresa Staudinger.

At the beginning of the board meeting, Rogers announced the amendment to the executive session topic. Kirkbride said there are two vaccination mandates concerning the hospital. The OSHA (Occupational Safety and Health Administration) mandate has been suspended. The CMS (Centers for Medicare and Medicaid Services) mandate — where ECMC gets 50 percent or more of its income — has no testing option.

Kirkbride then read from an email he sent out to hospital employees. First, he emphasized the choice of receiving th COVID-19 vaccine is the employee’s alone.

“We respect that,” he said. Kirkbride noted the three accommodations to the rule employees can present for consideration. Requesting remote work status, medical condition or religious belief.

He also clarified dates by which employees must show proof of vaccination. The first dose of a multi-dose vaccination must be given no later than Dec. 6, and the second or final dose by Jan. 4. For a single dose vaccine, that vaccination must be given by Dec. 21.

Kirkbride said if employees know they are not going to comply with the mandate by Jan. 4, it is best they resign according to the hospital’s resignation policy. It can be retracted up to 30 days, however, with proof of vaccination status.

“We do not wish to lose any employee over this mandate,” Kirkbride said.