Confidential info leak questioned

PARIS — The possibility that her confidential medical information, allegedly disclosed in a February executive session, found its way into the public was questioned by Town Finance Director Marjorie Risica during the selectboard meeting Monday evening.

Risica, who identified herself as a recovering alcoholic, said she had heard rumors that she and her disease were discussed by board members and Town Manager Amy Bernard at the February meeting.

In a written request distributed to selectmen at the meeting, Risica asked to discuss the matter in public session. 

"I would like to know if I and any of my protected health information was discussed at the closed executive session meeting held on February 11, 2013," Risica said, noting that at the time, she was out of the office, recovering from a concussion she suffered earlier this winter.

"It was my understanding that anything discussed at that meeting was perfectly legal and we don't have to answer that," Board Chair Sam Elliot said.

Risica contended that according to rumor, she had been discussed at the meeting and if it were true, she should have been given the right to attend it.

Bernard gave Risica permission to contact town attorney Geoff Hole to discuss the issue.

"I was under the impression that relaying personnel information on [sic] the department head was justified considering you're an integral part of our team and the only way you would be asked to be at an executive session is if a charge was being brought against you," Bernard said.

Risica contended that she knew it was the second time she was discussed by the board in executive session.

She then asked Bernard directly if any other town employee had been told about her disease.

"No," Bernard answered.

Risica said she had told Bernard confidential health information "behind closed doors" and believed it, therefore, fell under the HIPAA privacy policy and needed her written authorization to be discussed.

She said she understood she could lose her job at any time, but her intent was to retire from Paris.

"We're all expendable," Risica said.

"I feel violated and very disappointed that I had to hear it on the street from somebody in a different town," Risica said.

Mike Risica, Marjorie's husband, said if the rumors were true, he was disappointed with the board.

"I'm so disappointed in you guys that this thing actually got out into the street," Risica said.

"I respected you guys tremendously, if this [happened] as it's been said, I believe the town manager should resign and step aside ... this is wrong."

Reached Tuesday, Bernard said the law governing executive session limited what she could say, but after consulting the town attorney she was sure the confidential meeting was conducted properly.

"We went into executive session to discuss the status of her absence," Bernard said, noting the meeting was postponed until February 12.

"We go into executive session for the protection of our employees. It's lawful for us to go into executive session to discuss the status of any employee and as long as we are not bringing an investigation or charges against that employee they do not need to be present."