Editor’s Note: This is the first in a series of reports on the Eureka Springs Hospital Commission. Emails and text messages quoted in this report have not been edited for spelling, grammar, punctuation or clarity.
Kent Turner, chair of the Eureka Springs Hospital Commission, and commissioner Barbara Dicks exchanged text messages about firing hospital CEO Angie Shaw as early as Aug. 15, in violation of the Arkansas Freedom of Information Act.
Shaw was fired more than two months later, at a special commission meeting on Nov. 1.
The Arkansas Freedom of Information Act prohibits members of a public commission from discussing commission business outside of regular or special commission meetings.
Shaw’s firing was the first of a series of personnel decisions made by the commission during four special meetings held over a span of four days in early November. After voting to terminate Shaw at the Nov. 1 meeting, the commission held three more special meetings on Monday, Nov. 4. At those meetings, the commission voted unanimously to terminate nursing director Jessica Petrino, place chief financial officer Cynthia Asbury on a 60-day Performance Improvement Plan to be monitored by the commission and appoint human resources director Jodi Edmondson as the hospital’s acting CEO.
All decisions were made effective immediately and with no explanation from commissioners, who went into executive session to discuss each employee before returning to announce their decisions.
Copies of text messages and emails obtained by the Times-Echo through a FOIA request show that firing Shaw was a topic of discussion for Turner and Dicks as early as Aug. 15. The FOIA request, filed Monday, Nov. 4, sought records of email and text communications between commissioners and between commissioners and Shaw and Asbury beginning on Aug. 15. A follow-up request was filed Thursday, Aug. 7, seeking records of communications between Turner and Dicks beginning Jan. 1, 2024.
In an exchange of text messages on Aug. 15, Dicks asks Turner if he can come to the hospital after a meeting of the Eureka Springs Rotary Club.
“Not today what’s up,” Turner replies.
“We need to meet with Cynthia and discuss things with her,” Dicks answers.
“I will be right there,” Turner says.
“Now?” Dicks answers. “We are in Cynthia office.” The freedom of information law also prohibits two or more commissioners from meeting privately without notifying the press and public.
Later that same day, Dicks texts Turner again, saying: “City and hospital policy is to write someone up 3 x’s before termination. FYI.”
“That should not pertain to the CEO,” Turner replies.
On Sept. 6, Dicks texted Turner: “Did you get Angie’s registration letter?”
Records obtained by the Times-Echo indicate that Turner did not respond by text message.
On Sept. 28, Dicks texted Turner again, saying: “Since you gave Angie permission to fire Cynthia. I believe Angie and her friends are making Cynthia’s life so miserable that she will quit? Are you okay with that plan? I’m not.”
Again, records obtained by the Times-Echo indicate that Turner did not respond by text message.
Offered an opportunity to comment on Friday, Nov. 8, Dicks did not respond. Turner, however, responded by email.
“With regard to all of the texts you mentioned I am working under the assumption that I, as Chair a nonvoting position, can meet/ communicate one on one with individual Commission members to discuss Commission matters,” Turner said. “There were numerous personnel matters discussed in person which I will not comment on. … With regard to the August 15 meeting with our CFO only issues of hers were discussed, I refused to discuss any other personnel matter.
“No meeting took place on Sep. 28 so there was no discussion of personnel issues.”
Asked specifically about the Sept. 28 text message from Dicks, Turner responded: “I did not specifically respond to her text other than to say there were many things that I had concerns about. The only other thing I would say is that Angie as CEO had the authority to take actions with regard to any Hospital employees. I did give e her permission to do anything.”
Turner acknowledged that the commission chair votes in the event of a tie vote among the other commissioners.
John Tull, a partner in the Little Rock law firm of Quattlebaum, Grooms and Tull, and recognized expert on the Arkansas FOIA, said the text conversations between Dicks and Turner constitute violations of the law.
“If two board members are texting about personnel issues it is a meeting and a violation of FOIA in my opinion,” Tull said. “A personnel issue can be addressed in an executive session if properly handled but not in text messages.”
Tull received the Arkansas Press Association’s Freedom of Information Award in 2018 and has provided members of the press association with legal assistance since the early 1990s.
