BOH Res 091222.1BOH AGENDA ITEM SUMMARY (Revised 09- 16 -15)
AGENDA ITEM # 1 RESOLUTION # 091222.1 BOH MEETING DATE: 09/12/22
SUGGESTED WORDING FOR AGENDA ITEM: Notice X Consent Hearing
kppoint Dr. Joseph Wiley as the Lewis County Health Officer
BRIEF REASON FOR BOH ACTION:
ADDroval of the attached emDlovment contract for Dr. Joseph Wilev for local Health Officer Services in Lewis
County.
SUBMITTED BY: John Abplanalp PHONE: x 1256 DATE SUBMITTED: 09/12/2022
CONTACT PERSON WHO WILL ATTEND BOH MEETING: John Abplanalp
TYPE OF ACTION NEEDED:
El Approve Resolution Call for Bids/Proposals
Approve Ordinance (traffic or other) Bid Opening
Execute Contract/Agreement Notice for Public Hearing *(see publication requirements)
Other (please describe):
*PUBLICATION REQUIREMENTS:
Notice emailed to Clerk Not applicable
Hearing Date: (Must be at least 10 days after 1St publication date)
(2 weeks for routine budget, property disposal/ auction or vacations)
Publish Date(s): (3 weeks for property lease)
Publications(s): EAST COUNTY JOURNAL CHRONICLE OTHER
ALL AGENDA ITEMS:
Department Director/Head:
Prosecuting Attorney
HR Policy/Personnel Items
HR Administrator
CLERK'S DISTRIBUTION OF SIGNED DOCUMENTS:
Send cover letter:
Address of recipient:
File Original
Accounting/Budget & Payroll Items
Budget/Fiscal Director:
Chief Accountant:
Banking or Revenue Items
Treasurer:
Fund:
Department: PHSS
Total Amount:
Additional copies:
Tailor Arrington
Dr. Joseph Wiley
Jill Nielson
Bryan Hall
Grace Jimenez
*APPROVALS
MUST BE
OBTAINED
BEFORE
SUBMITTING
ITEM TO BOH
Meja Handlen
John Abplanalp
Kendra Garrison
Michelle Sauter
Sherri Dokken
BEFORE THE BOARD OF HEALTH
OF LEWIS COUNTY, WASHINGTON
IN RE:
Approve Agreement between Lewis )
County and Dr. Joseph Wiley for Health ) RESOLUTION No. 091222.1
Officer Services )
WHEREAS, the Lewis County Board of Health (BOH) is required to have and
appoint a local health officer pursuant to RCW 70.05.050; AND
WHEREAS, the BOH has reviewed an Agreement between Lewis County and
Dr. Joseph Wiley for Health Officer Services; AND
WHEREAS, it appears to be in the best public interest to authorize the execution
of said contract for Lewis County; AND
NOW, THEREFORE BE IT RESOLVED that Agreement between Lewis County
and Dr. Joseph Wiley for Health Officer Services is hereby approved and the Director of
Public Health & Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 12th day of September 2022.
APPROVED AS TO FORM:
Jonathan Meyer, Prosecuting Attorney
By. ✓�tt
Deputy Prosecuting A orney
ATTEST:
jT1' ' • • 9f the :•
BOARD OF HEALTH
LEWIS COUNTY, WASHINGTON
Lind y R. Pollock, DVM, Chair
Se"ab D. S e, ice Chair
F. Lee Grose, Member
Employment Contract
Local Health Officer
This agreement is made with effect on the later of the dates on which it is signed on behalf of the
parties hereto between Lewis County, a Washington municipal corporation, of 351 NW North Street, Chehalis,
Washington 48532, acting by and through the Lewis County Board of Health ( "BOH ") (hereinafter referred
to as the "County "); and Joseph W. Wiley, MD ( "Dr. Wiley" or "Employee "), collectively referred to herein
as the "Parties ".
RECITALS
A. The relationship between Lewis County and the appointed Local Health Officer requires the utmost
confidence and trust.
B. The BOH agrees that it will adopt a resolution formally appointing Dr. Wiley as the Local Health
Officer, subject to the terms of this agreement,
C. The County and Employee now agree to establish and delineate the terms and conditions of
Employee's engagement, and to that end the parties hereto elect to enter into this agreement,
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this agreement, the
County and the Employee agree as follows:
SECTION 1. TERM
This agreement shall be effective upon execution by all Parties herein below, It may be terminated in
accordance with the provisions hereof at the discretion of the Parties,
SECTION 2. DUTIES OF EMPLOYEE
The Lewis County Public Health & Social Services (LCPHSS) Director and Lewis County Board of
Health will provide direction in terms of broadly defined missions, functions and policy direction. Employee
Employment Contract for Services
Local Realth Offloer
Joseph W Wiley, MD
Page 2
agrees to begin the necessary training and education required to assume the responsibilities of a Local Health
Officer with the commencement of this Agreement, and assume complete responsibility for Employee's work
upon the formal appointment as the Local Health Officer upon commencement of this Agreement, Reasonable
expenses of training and education required for a Provisional Local Health Officer will be paid by the County,
subject to advance approval by the BOH. Work may be reviewed for fulfillment of provisions set forth under
state law for local health officers, as well as organizational and policy objectives, effect /advice, influence, and
contribution to meeting the community's needs.
The Employee shall
1. Enforces the public health statutes of the state and shall fulfill all of the duties set forth in
RCW 70.05,070, In addition, Employee shall work with the LCPHSS Director to fulfill the duties that are set
forth in WAC 246- 101 -505,
2. Provides medically accurate, scientifically sound advice or guidance to the Board of Health;
the LCPHSS Director; agency staff; the local medical community; internal and/or external advisory councils;
local, state, tribal and federal public health partners; the media; and the public to build credibility for public
health.
3. Provides medical oversight In the investigation of community concerns, reported or suspected
cases or perceived clusters of diseases or conditions considered a threat to public health,
4, Provides medical oversight In the investigation of reported or suspected cases or perceived
clusters of communicable (infectious) diseases or conditions considered a threat to public health, Determines
appropriate public health actions including initiating disease prevention and Infection control activities,
Provides professional and technical assistance and /or direction in surveillance activities as well as unusual or
particularly sensitive cases.
2
Eonployrnent Contract for Services
Local Health Of
Joseph W, Wiley, MD
Page S
or loss of such license to practice medicine, County shall pay for expenses of continuing medical education
and Iicensing fees required of a Provisional Local Health Officer subject to advance approval by the BOH.
22. As a provisionally qualified Iocal health officer, Employee shall fulfill the requirements set
forth in RCW 70,05,053 through' 70,05.055.
SECTION 3, ACCESS AND AVAILABILITY
Employee will generally remain continuously available to Lewis County by land and cellular
telephone, voice mail, and email. Initial response times will be as follows: telephone and voice mail within
two (2) hours; email within forty -elght (48) hours, At that time Employee will review, triage, and prioritize
the work in consultation with LCPI -ISS staff and develop a timeline for definitive response or completion of
the work request.
With at least 48 hours' notice, Employee will notify the Administrator and key LCPFISS program staff
when he will not be available as set forth above.
LCPHSS will ensure that radiographs and medical records are promptly forwarded (e.g,, within one
week of performance of radiograph) to Employee at his listed address. When more urgent consultation is
needed, telephone communication from LCPHSS will initiate the request for work,
Employee will generally review the clinical information, make an assessment, set forth
recommendations, and ensure delivery back to LCPHSS within one week of receipt of materials, When more
urgent communication of recommendations is merited, Employee will make -such recommendations via
telephone,
5
Employment Contract, for• Servlces
Local Health Officer
Joseph W; Wiley, MD
Page 6
SECTION 4. SALARY AND BENEFITS
The contracted agreed upon amount is $4000 per month, $48,000 per year, which amount shall be
subject to all applicable deductions, including but not limited to employment and payroll taxes,
Dr. Wiley, as a pail -time employee, may be entitled to annual leave and other Lewis County employee
benefits as set forth in applicable Lewis County policy, which may be revised from time to time in the future.
Lewis County will furnish and maintain equipment that is needed for Dr. Wiley to perform his duties as Local
Health Officer. Dr. Wiley agrees to use the aforementioned equipment solely In the exercise of these duties
as Local Health Officer and agrees to promptly return all such equipment to the LCPHSS Director upon
termination of employment.
SECTION 5. 'I'ER TNATION OF APPOINTMENT
The Lewis County Board of Heath may terminate this agreement, with or without cause. Employee
serves at the will and pleasure of the County, acting by and through the Lewis County Board of Health,
Employee's employment shall also be terminable by way of a motion duly made and passed by the BOCC. If
termination is without cause, the termination shall be effective thirty (30) days after written notice is mailed
or delivered to the Employee. If termination is with cause, the termination may be effective immediately.
Termination of this agreement may also occur by resignation of the Employee, Termination by
resignation shall be effective thirty (30) clays alter written notice is mailed or delivered by the Employee to the
Clerk of the BOH.
SECTION G. INSURANCE REQUIREMENTS
Lewis County will provide insurance covering liability incurred within the scope of Dr, Wiley's
offlolal duties as set forth herein. Lewis County is not obligated to provide insurance for any liability incurred
outside the scope of the employment herein. If it is determined that a liability was Incurred outside the scope
Employment Contract for Services
Local Health Officer
Joseph W Wiley, MD
Page 7
of Dr. Wiley's official duties, and if Lewis County has already made payment for that liability, then Dr, Wiley
shall reimburse Lewis County the full amount paid by Lewis County, if it is determined that liability was
incurred within the scope of Dr, Wiley's duties herein, and if payment for that liability was paid by Dr, Wiley,
then Lewis County shall reimburse Dr, Wiley the sum paid within a reasonable time after Lewis County
receives written verification of the expenditure in satisfaction of said judgment.
Lewis County shall defend, indemnify, and hold harmless Dr, Wiley, as an employee, for good faith
actions or omissions by him within the scope of the employment as defined herein, Lewis County is not
obligated to defend, indemnify, and hold harmless for any liability incurred outside the scope of the
employment herein,
SECTION 7. AMENDMENT OR TMS AGREEMENT
The terms of this agreement may not be altered, amended, or otherwise modified except by the express,
written consent of the parties. Employee acicnowledges that only the BOH, by way of a motion duly made and
passed, has the authority to amend or to waive any provision hereof,
SECTION 8, SEVER.ABILITY
If any section or other provision of this agreement is held to be invalid or unenforceable, the remaining
sections or provisions shall remain in full force and effect.
SECTION 9, ASSIGNMENT AND SUBCONTRACTING
The performance of all activities contemplated by this agreement shall be accomplished by Employee,
No portion of this agreement may be assigned or subcontracted to any other individual, firm or entity without
the express and prior written approval of County.
7
Employment Contract for• Services
Local Health Of•�icer
Joseph W Wiley, MD
Page 8
SEC'T'ION 10, CONFLICT OF INTEREST
If at any time prior to commencement of, or during the term of, this agreement, Employee shall have
or develop an interest in the subject matter of this agreement that is potentially in conflict with the County's
Interest, then Employee shall immediately notify County of the same. The notification to County shall be made
with sufficient speclficity to enable County to make an informed judgment as to whether or not County's
Interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter,
County may require Employee to take reasonable steps to remove the conflict of interest. County may also
terminate this agreement according to the provisions herein for termination.
SECTION 11. INTERPRETATION
No provision of this agreement shall be Interpreted for or against a party because that party or its legal
representative drafted that provision, and this agreement shall be construed as if jointly prepared by the parties.
SEC'T'ION 12, APPLICABLE LAW
This agreement is made in Chehalis, Washington. It shall be construed in accordance with the laws of
the State of Washington, excluding Washington's choice of law rules.
SECTION 13, WAIVER AND CONSENT
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this agreement unless stated to
be such in writing and signed by the Parties hereto or by their authorized representatives.
SECTION ION 1 4. DISPUTE TE RES OL TION
County and Employee agree to resolve any and all disputes between them arising out of or in any way
related to the employment relationship, including any disputes upon termination, by binding arbitration to the
Employment Contract for Services
Local Health Officei-
Joseph W. Wiley, MD
Page 10
SECTION 15. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Parties and supersedes all prior oral or
written agreements or understandings between the Parties with respect to the subject matter of this agreement.
SECTION 16. CONFIDENTIALITY
Employee shall comply with the Health Insurance Portability and Accountability Act of 1996, as
amended (HIPAA).
SECTION 17. AGREEMENT READ AND UNDERSTOOD
Employee acknowledges that he has read and understood each and every section and provision of this
agreement. Employee further acknowledges that he has had ample opportunity to consult with an attorney of
his own choosing before signing this agreement.
SIGNED BY THE PARTIES HERETO ON THE DATES NOTED BELOW:
LEWIS COUNTY
Chair, wis � un�� of Health
H
Date: 8A- 100zZ
/202Z 8 /9 Date: