By Pepper Fisher
OLYMPIA – The State Board of Health unanimously dismissed a complaint today filed against Clallam and Jefferson County Health Officer Dr. Allison Berry.
The complaint alleges Dr. Berry violated state law last month when she issued a vaccine mandate to enter restaurants. The 84-page complaint, filed by county resident Patricia Monson and another person whose name had been redacted, claimed that Dr. Berry does not have the authority to issue such an order on her own and should have done so only after formal approval from the County Board of Health.
In her response to the complaint, Dr. Berry said all members of the County Board were informed individually of her intent to issue the order and no one objected. She also said that the Board discussed the order at their meeting in September after the order was issued and no one requested that the order be withdrawn or amended.
Dr. Berry also states that the complainants are wrong in their claim that the County Health Officer needs the Board’s public approval to perform her duties, including issuing orders.
Assistant Attorney General and Board advisor Lilia Lopez, along with Doctors Scott Lindquist, Bob Lutz, and Keith Greliner commented before taking the vote to dismiss the complaint.
“But yes, the local Health Officers have a lot of authority to act and to take discretionary measures. Presumably that happens in cooperation with the Board of Health, but how that cooperation and direction occurs is up to the local health jurisdiction.”
“The standard of practice in Washington state, and has been for years, is that the board appoints the Health Officer. The Health Officer has incredibly broad powers. They are the ones with the MD. So a board has no authority to do anything that an MD license would require. They appoint the Health Officer. So I think this is a complete mis- interpretation of RCW’s, to make a complaint against the Health Officer who is clearly within their bounds, from my standpoint. This just has no grounds for complaint in my opinion.”
And so I think as Scott said, this is a misrepresentation and a misunderstanding of the RCW. Documents that have been provided to us are very clear that after Dr. Berry issued her order, the Board of Health met. It actually did not refute that order. So, again, I think this is a misrepresentation of what actually occurred. Thank you.”
“So, again, I agree with the other comments to this point, that this complaint has no merit. And even if it did, this board should refer that matter back to the local Board of Health, which are her bosses. We shouldn’t be interfering in local rulemaking at the state level.”