Sie sind auf Seite 1von 16

From: Hawkins, Ruth R (LHD-Madison Co) Sent: Thursday, April 07, 2011 3:34 PM To: Crewe, Nancy M (LHD-Madison

Co) Subject: Dr. Johnstons PowerPoint Presentation Attachments: E-CIGARETTES J JohnstoneFINAL.pptx

Hi Nancy,

Please find attached Dr. Johnstons presentation on ENDS that was presented @ the MCHD BOH meeting last night. Slide # 9 includes 3 reliable sources related to the unproven status of ENDS being reliable smoking cessation devices. To date, manufacturers and retailers often market them as cessation devices.

Ruth R. Hawkins, MSN, RN, MCHES Health Education Director Madison County Health Department 1001 Ace Dr. Berea, KY 40403 859-228-2041 (office) 859-986-1027 (Fax) www.madisoncountyhealthdept.org

cid:24A109C98ED743CBA4762FF71C88CBBD@RuthDavisPC <https://cid13f3e6899c99da27.skydrive.live.com/redir.aspx? page=play&resid=13F3E6899C99DA27!108&parid=13F3E6899C99DA27!107&type=1&Bsrc=Photomail&Bpub=SD X.Photos&authkey=rxz4sm1rOnw$>

From: Laura Latham [hllatham@bellsouth.net] Sent: Tuesday, April 05, 2011 9:37 AM To: Crewe, Nancy M (LHD-Madison Co) Subject: letter Attachments: heath board letter.doc Dear Nancy,

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Please be advised of our intentions. Thanks.

Hal Latham From: Green, Christie L (LHD-Madison Co) Sent: Monday, March 07, 2011 9:24 AM To: Crewe, Nancy M (LHD-Madison Co) Subject: FW: Ban on E-Cigarettes (website comment)

Hello Nancy, The comments below were sent via the contact us link on the public web site. I just wanted to make sure you knew about it. Im not planning on replying to the message unless you think I should. cg From: Green, Christie L (LHD-Madison Co) Sent: Monday, March 07, 2011 9:06 AM To: Hensley, Martin (LHD-Madison Co ) Cc: Farris, Leslie D (LHD-Madison Co) Subject: RE: Ban on E-Cigarettes

I didnt have a copy of this one in my inbox this morning. Hmm I will forward to Nancy. Theres no need to reply to Mr. Meatball. Thanks, cg From: Spicy Meatball [mailto: Sent: Sunday, March 06, 2011 4:55 AM To: mchd@madisoncountyhealthdept.org Subject: Ban on E-Cigarettes

Ill make this short. Jack Taylor, are you THAT bored in your job? Is your work load that light for you to waste your time and the time of others? You want to ban something that releases water vapor and tries to help people stop smoking? Do you realize how utterly STUPID that is? How did you get your job without having common sense? Youre not doing any good for the community. Youre embarrassing your Dept. and yourself. Its in the news and everyone thinks youre acting like a fool. Get to work on things that matter. If you cant find things that matter then youre wasting the taxpayers money and you should resign.

Paul

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

From: Owens, Kelly S (LHD - Madison Co) Sent: Monday, February 14, 2011 8:47 AM To: Hawkins, Ruth R (LHD-Madison Co); Jordison, Lloyd (LHD-Madison Co); Magsaysay, Deborah (LHDMadison Co); Green, Christie L (LHD-Madison Co); Crewe, Nancy M (LHD-Madison Co); ejhahn00@email.uky.edu; Riker, Carol A; Robertson, Heather E [herobe2@email.uky.edu]; Centers, Irene (CHFS HPB-Health Promotions) Subject: WEKU: E-Cigarettes Spark Debate in Kentucky (2011-02-14) http://www.publicbroadcasting.net/weku/news.newsmain/article/0/1/1761704/Central.and.Eastern.Kentucky/ECigarettes.Spark.Debate.in.Kentucky From: Owens, Kelly S (LHD - Madison Co) Sent: Monday, January 24, 2011 10:28 AM To: Hawkins, Ruth R (LHD-Madison Co); Crewe, Nancy M (LHD-Madison Co); Riker, Carol A; ejhahn00@email.uky.edu http://www.hsph.harvard.edu/centers-institutes/population-development/files/article.jphp.pdf This is another article being cited by the "e-cigarette movement." (link from their Facebook/Twitter pages) Kelly S. Owens, MPH, CHES Tobacco Prevention and Cessation Specialist/Health Educator II Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org Need Help Quitting? http://www.becomeanex.org/

P Please consider the environment before printing this e-mail

From: Owens, Kelly S (LHD - Madison Co) Sent: Friday, January 14, 2011 9:39 AM To: Crewe, Nancy M (LHD-Madison Co); Hawkins, Ruth R (LHD-Madison Co) Subject: open meeting rules FYI Attachments: tobcont KCSP LRC open meetings rules schedule.pdf; tobcont KCSP LRC open meetings rules.pdf Importance: High

I am fwd this information on to you once again regarding Open Meetings rules. See what was sent to me from Carol Riker (KCSP) BELOW:

Advocates in Kenton County found out the hard way that there are some very specific rules about changing meeting
file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

dates, so I wanted to share this with you regarding the Madison BOH meeting being changed to January from February. Kenton changed their pre-Thanksgiving meeting from Tuesday to Monday and notified the public via the internet and newspaper. They did not, however, post a notice conspicuously in the building and so was not able to have their first reading that night!

The rules (attached) say As soon as possible, written notice shall also be posted in a conspicuous place in the building where the special meeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The notice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting.

John Johnson was able to find that these rules also apply to BOHs; see below:

61.805 Definitions for KRS 61.805 to 61.850. As used in KRS 61.805 to 61.850, unless the context otherwise requires: (1) "Meeting" means all gatherings of every kind, including video teleconferences, regardless of where the meeting is held, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction with a regular or special meeting; (2) "Public agency" means: (a) Every state or local government board, commission, and authority; (b) Every state or local legislative board, commission, and committee; (c) Every county and city governing body, council, school district board, special district board, and municipal corporation; (d) Every state or local government agency, including the policy-making board of an institution of education, created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act; (e) Any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act in the legislative or executive branch of government;

I hope this is helpful. In Kenton, advocates posted a sign for the next meeting and took a picture of it with the date stamp to save as proof, because they faced organized opposition as does Madison.

Kelly S. Owens, MPH, CHES


file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Tobacco Prevention and Cessation Specialist/Health Educator II Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org

Need Help Quitting? http://www.becomeanex.org/

ky_quitline_logo_2010

P Please consider the environment before printing this e-mail

From: Green, Christie L (LHD-Madison Co) Sent: Wednesday, January 12, 2011 2:55 PM To: Crewe, Nancy M (LHD-Madison Co) Subject: FW: HB193 Attachments: 2011 GENERAL ASSEMBLY - REVIEWER BILL ASSIGNMENT 216.DOCX; 2011 GENERAL ASSEMBLY - REVIEWER BILL ASSIGNMENT 193.DOCX Hello Nancy, Heres the bill reviews that Irene had mentioned from yesterday. It includes HB 216, Stumbos bill about smoking in cars with children as passengers. Otherwise, I dont think that it adds very much to what you and I had already discussed. Thanks, cg

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

From: Centers, Irene (CHFS HPB-Health Promotions) Sent: Wednesday, January 12, 2011 1:53 PM To: Green, Christie L (LHD-Madison Co) Subject: HB193

Christie Sorry for the delay! Heres the info I promised. Im also sending another bill of interest.

Irene Centers Tobacco Prevention and Cessation Department for Public Health 275 E Main Street, HS1E-E Frankfort, KY 40621 502-564-9358 ext 3808

Tobacco is the only legal product that when used as directed will kill one-third of users (CDC 1994)

This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution, or copying of this communication is strictly prohibited. if you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the orginal message

From: Owens, Kelly S (LHD - Madison Co) Sent: Tuesday, January 11, 2011 2:35 PM To: Kellerman, Kimberly J (LHD-Madison Co); Crewe, Nancy M (LHD-Madison Co); Hawkins, Ruth (KYTC); Dixon, Marvin (LHD-Madison Co); Green, Christie L (LHD-Madison Co) Subject: Coversheet and info for BOH Packets Importance: High

http://www.kingcounty.gov/council/news/2010/December/JP_Ecig.aspx Kim- please place these in the order they are listed on the Resources Regarding E-cigarettes document. Thanks, Kelly S. Owens, MPH, CHES
file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Tobacco Prevention and Cessation Specialist/Health Educator II Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org Need Help Quitting? http://www.becomeanex.org/

P Please consider the environment before printing this e-mail

From: tobacco_prevention [tobacco_prevention@listserv.ky.gov] Sent: Tuesday, January 04, 2011 9:14 AM To: tobacco_prevention Subject: Smoke Versus Vapor Our BOH has decided to strengthen our Indoor Air Regulation. The regulation will now include hookahs and ECIGARETTES and strikes the current exemption for Retail Tobacco Stores. I thought that we would have a backlash on withdrawing the Tobacco Store Exemption, however, a local business and some of its patrons have argued against e-cigarettes. Please see the attached news story/video. http://wtvq.com/news/6378-smoke-versus-vapor Never a dull moment. Kelly S. Owens, MPH, CHES Tobacco Prevention and Cessation Specialist/Health Educator II Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org Need Help Quitting? http://www.becomeanex.org/

Please consider the environment before printing this e-mail

From: Green, Christie L (LHD-Madison Co) Sent: Friday, December 10, 2010 12:35 PM To: Owens, Kelly S (LHD - Madison Co); Hawkins, Ruth R (LHD-Madison Co); Crewe, Nancy M (LHDMadison Co)
file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Cc: Hensley, Martin (LHD-Madison Co ) Subject: public comment, clean indoor air reg Attachments: Press Release - Clean Indoor Air Regulation public comment.docx Categories: Hello, Here is the language that went to the papers. I failed to get this notice out in time to allow the 30 day comment period with a deadline of 7 January. Kelly & I talked it over, and agreed to run it in the Register as a legal ad on Sunday, which changes the deadline date to Tuesday, 11 January. I have also sent it as a PSA to the Berea Citizen and am hopeful that they will run it with no charge on Thursday, 16 December. Red Category

Marty, when I try to open the webpage for editing, Im encountering an error with the contribute software. Can you please change the deadline to 11 January?

Thank you, cg

Christie L. Green Development and Communications Public Information Officer Madison County Health Dept. 214 Boggs Lane Richmond, KY 40476-1208 859-623-7312 cell 859-661-0853 www.madison-co-ky-health.org <http://www.madison-co-ky-health.org> "...what it really takes to change the world isn't so much wealth or power as creativity, determination and passion." Nicholas Kristof Please consider the environment before printing this e-mail.

NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

From: Owens, Kelly S (LHD - Madison Co) Sent: Monday, December 06, 2010 1:35 PM To: Crewe, Nancy M (LHD-Madison Co) Subject: FW: Revisions to MCHR 700.00: Info for public website & paper Importance: High

Nancy: This is what we have for the website. How does is look? We would like your blessing before we post. :-)(see below) Kelly S. Owens, MPH, CHES Tobacco Prevention and Cessation Specialist/Health Educator II Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org Need Help Quitting? http://www.becomeanex.org/

P Please consider the environment before printing this e-mail

_____________________________________________ From: Hensley, Martin (LHD-Madison Co ) Sent: Monday, December 06, 2010 1:16 PM To: Owens, Kelly S (LHD - Madison Co) Cc: Hawkins, Ruth R (LHD-Madison Co); Green, Christie L (LHD-Madison Co) Subject: RE: Revisions to MCHR 700.00: Info for public website & paper Here is what I have so far. It is live on the internet, but I havent put any links from the home page or headline scroll yet. Let me know if anything changes or when it is approved to go public. http://www.madison-co-ky-health.org/ciao.html Marty From: Hawkins, Ruth R (LHD-Madison Co) Sent: Wednesday, December 01, 2010 1:04 PM To: Crewe, Nancy M (LHD-Madison Co) Cc: Owens, Kelly S (LHD - Madison Co) Subject: FW: Legal Consultant's memo for BOH meeting Attachments: Madison county Judy Equal Protection Taking 113010.pdf Nancy,

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Thought you may wish to look this over before the BOH meeting.

Thanks, Ruth

From: Riker, Carol A [mailto:riker@email.uky.edu] Sent: Wednesday, December 01, 2010 8:17 AM To: Owens, Kelly S (LHD - Madison Co); Hawkins, Ruth R (LHD-Madison Co) Cc: Hahn, Ellen J; Johnson, John D; Mundy, Monica E Subject: Legal Consultant's memo for BOH meeting

Dear Kelly and Ruth,

In addition to seeking the Tobacco Control Legal Consortiums review of the proposed amendments to Madison Countys Clean Indoor Air Regulation, we sought further insight from our legal consultant, Judy Owens. Im attaching a memo received from Ms. Owens.

Ms. Owens specifically addresses the possible bases for lawsuits discussed in the TCLC memo, giving additional information on Equal Protection and Due Process/Regulatory Taking.

Regarding Equal Protection, she notes that Governmental entities will almost always win Equal Protection challenges to smoking ordinances, because the governmental entity must only show that the law is reasonably related to a legitimate government interest. This is known as the rational-basis test and only requires that there is a reasonably conceivable state of facts that could provide a rational basis for the classification." United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, (1980). The reasoning for this position is that the judiciary will set aside local, state or federal laws only when the law is based on race, national origin or infringes on a fundamental right.

Regarding Due Process/Takings, Ms. Owens notes that: The Fifth Amendment to the U.S. Constitution holds that private property cannot be taken for public use without just compensation. This phrase has been interpreted to mean two things:

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

a. That the government may take private property, with compensation, to promote a public purpose. Examples are taking homes to build a new roadway. b. Those governmental entities have the right to regulate property pursuant to their police power, which provide for the common welfare, especially in areas such as health and safety. In Agins v. City of Tiburon, the principle was stated this way: the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking. 447 U.S. 255 (1980). In smoking regulation cases, banning smoking has not been found to constitute a regulatory taking. In a separate email dated 11/29/10 Ms. Owens noted that, merely filing affidavits saying the a business fears losses, or that people say they will not solicit the business if the ordinance is enacted, are not sufficient to constitute a regulatory taking. Hodel v. Va. Surface Mining & Reclamation Ass'n, 452 U.S. 264, 295 (1981).

I hope that the Madison County Board of Health finds this information helpful. Please let us know if we can be of additional help.

Carol Riker

Carol Riker, RN, MSN Associate Professor Provost's Distinguished Service Professor Community Advisor, Rural Smoke-free Communities 555 College of Nursing University of Kentucky 751 Rose Street Lexington, KY 40536-0232 Phone: 859-323-6615 Fax: 859-323-1057 Cell: 859-619-3776 www.mc.uky.edu/tobaccopolicy www.kcsp.uky.edu

Find kysmokefree on Twitter <http://www.twitter.com/kysmokefree> and Facebook <http://www.facebook.com/#!/pages/kysmokefree/121589417877279?ref=ts>


file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Smoke-free Communities: Good for People, Good for Business

CON 50 yrs logo

Carol Riker, RN, MSN Associate Professor Provost's Distinguished Service Professor Community Advisor, Rural Smoke-free Communities 555 College of Nursing University of Kentucky 751 Rose Street Lexington, KY 40536-0232 Phone: 859-323-6615 Fax: 859-323-1057 Cell: 859-619-3776 www.mc.uky.edu/tobaccopolicy www.kcsp.uky.edu

Find kysmokefree on Twitter <http://www.twitter.com/kysmokefree> and Facebook <http://www.facebook.com/#!/pages/kysmokefree/121589417877279?ref=ts>


file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Smoke-free Communities: Good for People, Good for Business

CON 50 yrs logo

From: Owens, Kelly S (LHD - Madison Co) Sent: Tuesday, November 23, 2010 1:13 PM To: Crewe, Nancy M (LHD-Madison Co) Cc: Hawkins, Ruth R (LHD-Madison Co) Subject: FW: Your question Importance: High

Nancy: Per your request, I contacted DPH regarding BOH receiving public comment via letter and email only. Their response is below.

On another note, thank you for the information from EKU. It looks as if the HEAT team directly used some of the information I provided them from their training this summer!! This is encouraging (they were listening J). Hookah has been an emerging trend in recent years amongst this population.

I left you a message to discuss the forum from last week. I will be in the office for the remainder of the work day. I am anxious to hear the rest of the details. I will be out tomorrow (11/24).

If there is anything else you need, please let me know.

Kelly S. Owens, MPH, CHES Tobacco Prevention and Cessation Specialist/Health Educator II

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Madison County Health Department 1001 Ace Drive Berea, KY 40403 (859) 228-2043 Web Address: www.madison-co-ky-health.org

Need Help Quitting? http://www.becomeanex.org/

ky_quitline_logo_2010

P Please consider the environment before printing this e-mail

From: Beauchamp, Jan (CHFS HPB-Health Promotions) Sent: Tuesday, November 23, 2010 1:06 PM To: Owens, Kelly S (LHD - Madison Co) Subject: Your question

I just spoke with Charlie Kendell in Dr. Hackers office. He said it is perfectly alright for the public to make comments about your Board of Health reg change through comments mailed in. Let me know if you need anything else hes in the office today.

Jan Beauchamp Quitline Coordinator Tobacco Prevention and Cessation Program Department for Public Health 275 E. Main Street, Mail Stop HS1EE Frankfort, KY 40621 (502) 564-9358, ext. 3817
file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

Adobe Systems

This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

From: Marc Robbins [mrobbins@madison-co-atty.net] Sent: Monday, November 01, 2010 10:22 AM To: Crewe, Nancy M (LHD-Madison Co) Subject: RE: Copy of current clean indoor air regulation and suggested amendments--Madison County Health Department Hi Nancy. I have reviewed the Boards proposed changes to the clean air ordinance. I have no objections to the amendments.

________________________________ From: Crewe, Nancy M (LHD-Madison Co) [mailto:NancyM.Crewe@ky.gov] Sent: Tuesday, October 12, 2010 11:43 AM To: mrobbins@madison-co-atty.net Cc: Owens, Kelly S (LHD - Madison Co); Dixon, Marvin (LHD-Madison Co); Turner, Barbara S (LHD-Madison Co) Subject: Copy of current clean indoor air regulation and suggested amendments--Madison County Health Department

Marc, good morning. Thanks for speaking with me today regarding proposed amendments to the health departments clean air regulation and for willingness to review same. The PDF file embedded below is a copy of the current regulation; the Word document is the amendment language that the Board of Health considered at its October meeting last week, pending your review and approval. <<Board 700amend2010CHANGE.docx>> <<MCHR700secondreading.pdf>>

Our next Board meeting will be on December 1st. If you could look this over and send me your opinion in time to meet the publication deadlines for the second reading, that would be a great help. If you have questions, too, dont hesitate to contact me. Again, your help is appreciated. Nancy Nancy M. Crewe Public Health Director Madison County Health Department
file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]

214-216 Boggs Lane P.O. Box 1208 Richmond, KY 40476-1208 859-626-4241/cell 859-200-4657 email NancyM.Crewe@ky.gov http://www.madison-co-ky-health.org/ Please consider the environment before printing this email. NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

file:///C|/Users/Gregory%20Conley/Desktop/FOIA/Results/MadisonCounty/FOIA/email%20-%20Nancy%20Crewe.txt[7/29/2011 10:49:17 AM]