Board member Ed Shadid(2nd from left) asks a question of CEO Steve Williamson during an EMSA board meeting Feb. 27, 2013. At left is Phil Lakin. MIKE SIMONS/Tulsa World file
Complete coverage of EMSA’s financial practices: Find all the stories in Enterprise Editor Ziva Branstetter’s investigation into Tulsa’s ambulance provider.
Read the Wednesday meeting agenda here.
The EMSA board has scheduled an executive session Wednesday to discuss information submitted by companies seeking its ambulance contract, citing a general exemption in the state Open Meeting Act.
EMSA's agenda states the executive session will be held "for the purpose of reviewing and discussing information furnished by potential proposers to EMSA, in order to establish minimum qualifications to submit proposals for ambulance services."
The closed-door session is scheduled to be held Wednesday in Stroud. The board is in the process of developing a request for proposals for a new ambulance contract, expected to be approved later this year.
The agenda cites a general exemption in the state Open Meeting Act allowing public bodies to hold executive sessions when discussing matters "where disclosure of information would violate confidentiality requirements of state or federal law." The agenda does not state what state or federal laws require the board to keep information furnished by companies seeking the contract confidential.
After it discusses the information in executive session, the board is scheduled to determine in public which companies are qualified to submit proposals for ambulance services, the agenda states.
Kelli Bruer, a spokeswoman for EMSA, said in an email: "This executive session is appropriate, and complies with the Open Meetings Act. To imply otherwise is simply conspiracy-theory rhetoric. EMSA has a demonstrated record of transparency and complying with the Open Meetings Act."
Bruer said questions about the specific legal reasons for the executive session should be directed to EMSA attorney Jim Orbison.
Orbison could not be reached for comment.
The Emergency Medical Services Authority is a government agency that supervises a contractor providing ambulance service to more than 1 million people in Tulsa, Oklahoma City and surrounding suburbs.
Paramedics Plus, based in Texas, has contracted with EMSA since 1998 to provide paramedics. It has a five-year contract, approved by the board in 2008 and signed by EMSA CEO Steve Williamson, valued at more than $150 million.
Lillian Perryman, chairwoman of the EMSA board of trustees, said the board will discuss the information in executive session "on the advice of our counsel." Perryman said she was not allowed to comment further.
An email to board members sent by an EMSA administrative staff member states: "Our legal counsel strongly recommends an Executive Session be held during the board meeting on March 27 to discuss matters regarding the RFP (request for proposals) where disclosure of information would violate confidentiality requirements."
Joey Senat, an associate professor of journalism at Oklahoma State University, said he is not aware of a state or federal law allowing executive sessions to be held when public bodies are discussing information used to developing bidding qualifications. Depending on how they are written, such qualifications could screen out potential bidders on contracts.
"At a minimum, they should be able to explain which confidentiality requirements of state or federal law apply. ... I don't know why that would need to be discussed in executive session," said Senat, also a board member of Freedom of Information Oklahoma Inc.
Senat said board members are held responsible for violations of the Open Meeting Act, regardless of the legal advice they receive.
Oklahoma County District Attorney David Prater has filed charges against members of the state Pardon and Parole Board for alleged violations of the state Open Meeting Act.
A critical state audit, released in January, was prompted by a Tulsa World investigation into EMSA's spending and billing practices. EMSA has made numerous improvements to its policies and procedures in recent months and is planning additional changes.
The investigative audit found that EMSA made $7.1 million in purchases on behalf of Paramedics Plus, including a "gambling-themed event" and rental of a frozen drink machine. Most of the purchases were for fuel and the money was deducted from EMSA's payments to the company.
Auditors questioned "the appropriateness of this arrangement," which allows the company to "take advantage of EMSA's tax exemption as a public entity and leads to questionable expenditures."
The audit also found that Williamson sought to be reimbursed for two spa bills - for $415 and $490 - indicating that Paramedics Plus should be billed. Williamson signed EMSA's contract with Paramedics Plus and was involved in negotiations.
The company also paid part of Williamson's travel costs in his role as president of an ambulance industry trade group. The World's investigation found EMSA accepted $25,000 from Paramedics Plus to defray some of Williamson's travel for the American Ambulance Association.
Records do not show that board members were informed of the travel payments.
State Open Meeting Act
The state Open Meeting Act states public bodies may hold executive sessions for a limited number of reasons. Bodies typically enter executive session to discuss hiring and other personnel matters.
In an agenda for its meeting Wednesday, EMSA states it plans to hold an executive session "for the purpose of reviewing and discussing information furnished by potential proposers to EMSA, in order to establish minimum qualifications to submit proposals for ambulance services, the disclosure of which information would violate confidentiality requirements of state or federal law."
The agenda cites Section 307 B.7 of the Open Meeting Act, which states public bodies may hold an executive session to discuss "any matter where disclosure of information would violate confidentiality requirements of state or federal law."
The EMSA agenda does not state which state or federal law requires the information to be held confidential.
Ziva Branstetter 918-581-8306
ziva.branstetter@tulsaworld.com
Original Print Headline: EMSA board sets closed session
