Persistance and Tenacity, requires a new chapter, a new beginning....
Showing posts with label Brown act. Show all posts
Showing posts with label Brown act. Show all posts

Monday, August 8, 2011

The story behind the KVHD blog picture: Board Blanket Bingo

The Brown Act: When caught on the spot, stand and stare...


Kern Valley Healthcare District Board member, and my mentor (explanation later) Robert Jamison, looks a bit piqued as my camera filmed a Brown Act violation that followed a highly contentious meeting last July regarding the hospital's pitiful attempt to have the community pay for the financial maladies ailing the healthcare district with a property tax hike: Measure G.

During this quickly assembled "special meeting" generally unattended by community members and reporters, it was evident the supporters wanted some privacy to put the measure on the election ballot away from the general board meeting where they would push thru a CEO raise and freeze the salaries of employees, while asking the community for it's money.

After this contentious meeting, I walked out without my camera in the confusion. A woman offered to go retrieve it, and when she returned, she said there are four board members in the room together.

I grabbed my camera and went back to the room, and when I opened the door to the board room, I was blocked by the administrative secretary, "Hidey Sage," with a food cart. (And can you believe I wasn't even offered a sandwich?) So, I took a few pix and went around the other door, as others slipped out, and found board members, Bob Jamison, Victoria Alwin, and Bradley Armstrong lagging behind.

As stood right in front of them, Bob Jamison, knew exactly what I had finally caught on film. Oh, there was a witness who spoke of the "sticky three" meetings, or I should say private meetings, prior to board meetings, where Jamison, and his former team, Barbara Casas, Bradley Armstrong, made their own quorum during the power struggle of 2006 and 2007.

This person spoke directly to the investigator from the county, giving details, but as I have reported and we will speak of again shortly, the Kern County Grand Jury has denied ever receiving a complaint from me and other witnesses back in 2007...when the trail was still fresh.

Had the county followed up with more than a recent glance at the hospital which resulted in the same advice: have the community pay your debt just like they did in Tehachapi...our hospitaless, bond indented neighbors...(Great ideas, why didn't anyone think of a bond, property tax increase? Oh, yeah, they did for the last 20 years. Ask anyone in Tehachapi about the taxes they pay...)

Look for the follow up: "Kern Kounty Korruption"

Wednesday, September 1, 2010

Brown Act Violations

Now I've said "Brown Act Violations" which refers to "the Brown act" which states the laws concerning local boards such as the KVHD board. I'm going to give you a few excerpts of what the Act is about, then give you the link where you can read and save the whole document. Then you can read the excerpt below with more understanding of the severity of it in terms of how boards and members should conduct business.

54950. Policy declaration

In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’sbusiness. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.

The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

http://caag.state.ca.us/publications/2003_Main_BrownAct.pdf

Here is correspondence which can be verified from my server or harddrive of my computer. It is also been saved to disc. Copies went to the District attorney.

I will not tell you who it is from at this time and I have edited it. The person who wrote this as well as the person mentioned, are violating both the Brown Act as well as executive information.

Bob Jamison was elected to the office of First Vice President, which was his desire, so he could Chair Board Meetings if Brad had to be absent. Bob Jamison chose to not have the Board Meeting on Thursday as he was afraid that everything would be a 2 to 2 vote without a third positive vote from Brad who is Chair, and the third person to vote for anything positive.

All of this is “off the record”---…you cannot use any of this until after a statement is made by Pam regarding xxxxx's actions….probably will be after the Board Meeting—when ever that will be….Know this—If I was acting as First VP or Chair, I would have carried out meeting on schedule, I would have only tabled the action mentioned before the meeting—that could have been accomplished by a telephone vote of all Board Members—

This person is referring to the board meeting which was cancelled in April of 2007, because the majority was not present and the vote could have gone either way. That's what they wanted to avoid so they made several excuses for putting off the meeting. You can verify this as meetings are the first thursday of the month, and this one didn't take off until the 26th. (the letter was from former board member, Barbara Casas)

The Brown Act:

54952.2. Definition of meeting

(a) As used in this chapter, “meeting” includes any congregation of a majority of themembers of a legislative body at the same time and place to hear, discuss, or deliberate upon any itemthat is within the subject matter jurisdiction of the legislative body or the local agency to which itpertains.

(b) Except as authorized pursuant to Section 54953, any use of direct communication,personal intermediaries, or technological devices that is employed by a majority of the members of thelegislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited.

CRIMINAL SANCTIONS:

The district attorney may seek misdemeanor penalties against

a member of a body who attends a meeting where action is

taken in violation of the Act, and where the member intended

to deprive the public of information which the member knew

or has reason to know the public was entitled to receive.

54959

Tuesday, August 11, 2009

The disaster, the crimes, when does it end?


Bradley Armstrong, current Treasurer of the Kern Valley Healthcare District, sits in front of his computer deflecting all scrutiny of his activities within the district for more than 20 years. Brown Act violations, conflict of interest issues, bullying, and ignoring serious problems highlight his stay on the board of directors.

They worked together hiding their activities from the public, the employees, and other board members, and created the biggest disaster in the history of the Kern Valley healthcare district when idictments came down from the state Attorney General's office for elder abuse earlier this year.



The charges, stemming from an investigation during the time period between August 2006 and January 2007, were only against a long time doctor and pharmacist, and a director of nursing, who was hired and left during the same time frame. Others got away with their part in the downfall of the skilled nursing facility; and some are still here...






Bob Jamison, 2nd vice chair, still with the board of directors, spent much of his time at his radio job with QAB media protecting the truth about mismanagement and the rest of the time attacking employees along with anyone who questioned the former CEO, Pam Ott. Jamison was one of three board members, a quorum, who ran the hospital into the ground.


Jamison blogged on the QAB media, an ABC affiliate station, website creating a media war as the three board members and administrators were being scrutinized while investigators were roaming the nursing facility at the hospital. When CEO, Pam Ott, stepped down, May 2007, during the impending disaster, Jamison further aggravated the situation, by bringing Ott on the radio and allowing her an hour to defend and blame others for the problems.
The board of directors was lopsided, as Bradley Armstrong, Bob Jamison, and former member, Barabra Casas defied all laws surroung legislative bodies, the Brown Act, putting votes aside when one of the members was absent, thus losing their private quorum. They even went to the extent of canceling a meeting in April 2007 when the questions started coming about what the problems were with the hospital nursing facility.
Email from Barbara Casas RE: April 2007 meeting: Bob Jamison was elected to the office of First Vice President, which was his desire, so he could Chair Board Meetings if Brad had to be absent. Bob Jamison chose to not have the Board Meeting on Thursday as he was afraid that everything would be a 2 to 2 vote without a third positive vote from Brad who is Chair, and the third person to vote for anything positive.
....….Know this—If I was acting as First VP or Chair, I would have carried out meeting on schedule, I would have only tabled the action mentioned before the meeting—that could have been accomplished by a telephone vote of all Board Members—I would have chosen to go ahead and let them make fools of themselves, but then, that is me, and I “charge ahead”-----that is what I would have done!


Pamela Ott, former KVHD CEO, from 2003 until her resignation in 2007. Ott shown here at the South Fork Woman's Club attempting to get the organization to back a general obligation bond for 12.5 million to build a new wing on hospital. The bond was lost, but the building plans were never feasible anyway.


The former CEO spent most of 2006 dealing with the Department of Health Services as the Skilled Nursing facility was fined for noncompliance regarding physical restraints of residents. DHS requested that there be a full time Director of Nursing in the SNF, and though Ott, and then CNO, Sharon Brucker, stated compliance when they brought on a DON in March 2006, she lasted only a few weeks.


2006 documents
regarding the use of physical restraints. Ott, an RN, had little knowledge of long term care laws.

But as the district was trying to push its general obligation bond, Measure M, onto the November 2006 ballot, a new employee arrived who took over the skilled nursing facility as the director of nursing, Gwen Hughes.

Ott glowed about the acquisition of such a qualified manager, and reported in her September 2006 CEO board report that things were going well. At the time employees had already begun to make rumblings that trouble was in the SNF and the hospital. But Ott insisted things were "wonderful."

"Nursing Center Update: Things are going very well in the nursing center. We admitted six new residents in one week. The total census is 72. Our new director of Nursing, Gwen Hughes, is organizing, making appropriate changes, adjusting to her role and the staff really seem to be enjoying her leadership."
Then in Oct. 2006, employees came to a board meeting to let the directors and management that there were serious problems with staffing. Chairman, Bradley Armstrong instructed the speaker to go up the proper chain of command. Rather than see the situation as an alert that problems were afoot, Armstrong, reprimanded the employees.

Suddenly, in November 2006, a month later, the problem was investigated and resolved. All assertions made by the employees, the report says were not substantiated. A committee was formed to appease the group.



both of the employees who were in charge of the recruitment and retention committee are no longer employed with the hospital. One nurse was called "one of the best" by doctors and fellow staff.


By April 2007, then board Chairman, Bradley Armstrong, began refusing to answer questions regarding the skilled nursing facility or any short staffing suggestions.
That was the month he had to have the board meeting cancelled because he couldn't attend, suddenly. The meeting went April 16.
Brad Armstrong backed Pam Ott, as no questions were asked of her in a public forum, questions were deflected, and no accountability was offered.
Armstrong also strongly backed the architectural firm, Aspen Street Architects, the company owned by David Yarborough, as the hospital was working with Rural Health Design Network, owned by wife, Kathy Yarborough.
The plans produced for the concept modular building tied to Measure M, were faulty, yet because the district had a long relationship Aspen Street, already paying much money over the course of several years.
When the project went up for bid in March of 2007, (by law, projects costing more than 25K have to go up for bid) Armstrong, Jamison and Casas all voted for Aspen Street.
The other two board members, Robert and Kathryn Knight, picked another company after doing research and finding out about the cost overruns Aspen Street had been having on their other projects.



Barbara Casas said she wanted to go with Aspen Street after working with them for five years. Even after the renderings were made for the previous GOB, and they were faulty at a partial cost of $5000.
Chairman Armstrong only researched two of the three firms, and went with Aspen Street in spite of their previous errors. Partial records indicate Aspen Street Architects was paid more than $30K. Not clear what services were provided which were correct and finished.



The hospital has dropped it's contract with Aspen Street and denied for months knowledge the relationship between the architects and the other organization, Rural Health Design network.

Chet Beedle, Chief Financial Officer, contracted with two different management companies for the ailing nursing center. After minimum or short staffing, Beedle spent more than a million dollars to rehabilitate the SNF.
The board of directors signed off on the strategy which has cost the district dearly.
Chet Beedle, who pushed for Measure M, going on TV with Bob Jamison, selling the bonds without any true construction plan or detailed figure.
Beedle, who came to the district through a management company called BRIM, in 2001 as the controller, was then hired on as CFO.
The CFO worked closely with Armstrong, Jamison, Casas and Ott as they closed in on the bond meant to pay for a structure that was amorphous at that time, and still is not settled.
With the Knights disagreeing with the process, the group went about telling stories about the Knights which ranged from being thieves to walking the halls at night talking to employees.
Beedle targeted an employee he called a "Knight supporter" who said he didn't trust management and was not behind the bond which would have the community paying for the project with property taxes.
Email following a meeting in December 2006 regarding the Knights and an employee:
What I said was that Tom received double digit salary rate increases while most of the other employees' salaries were frozen. All of these salary increases were granted by Bob Knight. The actual history is al follows:
1) 9/28/97 - Annual increase of x%.
2) 12/1/97 - Special salary adjustment based upon survey of comparable positions - Increase of xxxx%.
3) 7/1/98 - Special salary adjustment for increased responsibility for Durable Medical Equipment - Increase of xx%.
4) 9/27/98 - Annual increase of xx%.
I am sending copies of the Personnel Action Forms signed by Bob Knight for these increases to Pam as per her request. I think this tells the story.
(Figures have been removed for privacy purposes.)
Mr. Beedle has firmly said that there are no billing problems at the hospital. And even after the end of the contract with EMCARE in 2006, the company he blamed for the overcharges, there were still complaints coming in.
One public comment stated that when he was dealing with the billing department he felt they were not up to speed on what everything was and that they always turn and talk to someone above them.
Other residents have claimed they still get bills over and above their own insurance, though Beedle denies having any complaints.
Currently, the board of directors consists of Kathryn Knight, chairwoman, Secretary, Victoria Alwin, 1st vice chair, Dr. Robert Gross, Bradley Armstrong, Treasurer, and Bob Jamison, 2nd vice chair.
A new CEO, Tim McGlew, has recently joined the district and will be attending his first board meeting this week, July 1, at 5:30 pm in the hospital cafeteria.
Even with evidence that there were leadership problems, board members voting together and violating laws to make sure they had the vote, personnel records revealed, slanderous statements about board members and employees, there has been little recourse or action by any oversight agency.
Currently, Armstrong and Jamison have been subversive in their activities trying to blame other board members for mistakes, yet neither of them has yet to even take responsibility for their own actions. But two people who have served the district are now in criminal court, Dr. Pormir and Debbi Hayes. And the hospital insurance company has denied that they have to pay for their defense.
Armstrong seems to not be able to let go of his former power to control the board and administration, and has berated and harassed the new chairwoman as she took over just this January. Upon taking over the middle chair, Kay Knight, had a sudden surge of visits at her workplace by Beedle, former CEO Rick Carter, and a reportedly pushy Armstrong.
The incidents were reported to the board counsel, Scott Nave. He has also recieved evidence to the facts and has chosen not to act.
Reporting on a special meeting, I was kept from getting the report from the legal counsel via telephone as Armstrong reached in front of me and hung up the phone.
Records have been denied and kept from me over the past two years. Which again is illegal. It hasn't ended.
Click on images to open and read.