Update: pre-pre preliminary hearings continued/special meeting

After former Kern Valley Healthcare District pharmacist, Debbi Hayes, who was indicted along with Dr. Hoshang Pormir and Director of Nursing, Gwen Hughes, plead to a lesser charge Friday, August 14, the preliminary cases were continued to September 8.

Hayes plead to a conspiracy charge regarding injury to the public, but the other ten counts of elder abuse were dismissed, so now we are waiting to see what role she will play in the rest of the case.

The hospital is having a special meeting regarding the Hayes part of the case this morning at 9 am. I'll get a statement. Most likely the statement will be, that there was a special meeting. Generally that's how it goes.

I'm doing some research now on how the hospital decided how they would defend the staff. The first information I heard was that the doctor and pharmacist were to be covered by the hospital's liability insurance company, Betahc group. I was told the insurance wouldn't cover a felony case.

There was also expectation that Pam Ott would be indicted, and last year there was a meeting where three board members decided to defend her. It's my understanding, or actually lack of, as to why the three board members at the time, Bob Jamison, Brad Armstrong, and Barbara Casas, (the sticky three) voted to have the hospital pay for expenses in case Ott was indicted.
The other two board members voted against it.

I will try to find out more on this. As we know there is an on-going investigation and we will hopefully soon know who the other "conspirators" are and if they will be indicted too.

UPDATE: Kern County Superior confirms information/pre-preliminary hearings

I spoke with the criminal division at the Kern County Superior court and verified that our initial interpretation and reports were correct as stated on the county's website.
Pharmacist, Debbi Hayes, has plead to one count of conspiracy (penal code 182 A 5) and the other ten charges regarding elder abuse were dismissed.
Though she was sentenced to one year, the sentence is suspended, but she will have three years probation.

Likely, and only supposition here, she will end up being a witness for the prosecution/state in the other criminal cases.

But with the investigation reopened in the case of the leadership, which included, former Kern Valley Healthcare District, CEO, Pam Ott, we may likely see other indictments in this case.

I want to tell the families of the residents from the skilled nursing facility that we have fought for almost 3 years now to get the truth out and bring justice.

We are teetering on the brink of truth as of today. We are looking at potential justice as of today. Something we all could not see through the smokescreen set up by leftover members of the board of administrators whom I have spoke about repeatedly on this blog.

I also want to tell the employees who were fired, defamed, blamed, that you have your chance to tell the story, so please do it.

Currently, the word is that there is a motion for an extension on the pre-pre, and preliminary hearings that were to take place tomorrow and Wednesday, Aug. 18/19.

The extension, of course, has to be approved tomorrow, but as of right now, there is an assumption that the dates will be changed.

In the meantime, we are waiting for word on any other indictments likely to come through.

I will update the blog regularly as information comes in.

Though I may be in Bakersfield at the court tomorrow, I will make sure that the news comes fast, so watch the blog.

(Now, I have to change out of my pajamas and leave the house to cover the story? Get me my stick and sunglasses, and of course a ride, and here we go looking for justice.)

UPDATE:Breaking News: Kern Co. Superior Court shows Pharmacist Debbi Hayes sentenced on Friday

Update:
After making some phone calls, one to Pharmacist Debbi Hayes' attorney, Phyllis Hix, I know little more than I did last night.
I asked Hix for some clarification of the information on the website and she said, "no." I asked her for a statement and she said, "no." I asked if she will ever speak to me in the future and she said, "maybe."
I'm pretty sure Hix is either Military or has been deposed a half a million times. Usually I'm pretty good about getting at least a spoonful of info, but not this time. My worst interview before this aborted attempt with Hix was with the military.

Anyway, I do know now that Pharmacist Debbie Hayes is not in jail. On the website suspended sentence is underlined. It shows that she could have 3 years probation, according to the Kern County Superior court website.

It appears, but we will wait for word tomorrow, that all other 10 counts of elder abuse and assault have been dismissed, and Hayes has plead to the lesser charge of conspiracy.

The site also shows another court date for Hayes on Tuesday, August 18, as we will be there both Tuesday and Wednesday for the preliminary hearing in the cases against Dr. Hoshang Pormir and Gwen Hughes, we will keep you updated.

If anything else breaks in the meantime, we will be there with our cameras to catch it and bring it to you immediately.

Yesterday:
As of right now, all I know is that information on the Kern County Superior Court website is showing that Pharmacist Debbi Hayes has plead "Nolo Contendere" to the additional conspiracy charge added to the ten counts against her, including elder abuse and assault.

The other charges have possibly been dropped.

The site is showing that there is still another court date on Tuesday, 8/18/09, but as of right now, it indicates she is sentenced to a one year term. (see below)

"Nolo Contendere" means a plea made by the defendant in a criminal action that is substantially but not technically an admission of guilt and subjects the defendant to punishment but permits denial of the alleged facts at other proceedings.

A very interesting move here on the part of the state. Not that its uncommon to get a plead, its cheaper, and if you have a crummy case to start with, its not a bad idea. They added a "conspiracy" charge meaning more than one person just to the Pharmacist's case, and then she pleads out to it.

Dr. Pormir and Gwen Hughes, the other current defendants have not had this charge put on their cases, as of today. And they are both still scheduled for a pre-preliminary and preliminary hearing Tuesday and Wednesday of next week.

This puts a big spin on this. Who's our other conspirator, there has to be one? And when will she and her friends be visiting the jail and court?

That's all speculation, I will have more for you tomorrow.

http://www.co.kern.ca.us/courts/crimcal/crim_index_case_detail.asp
Defendant Information:
Name:
HAYES, DEBBI GAYLE CHAMBERS
case Information:
Court Case #:
BF126665B

Filing Date:
02/17/09

182(A)(5)
CONSPIRACY:OBSTRUCT JUSTICE/ETC
PLED NOLO - 859A PC
08/14/09

Sentence Information
JAIL/PRISON 365 DAYS,
SUSP/STAYED 365 DAYS,
TOTAL CREDIT 0003 TIME SERVED 3 DAYS
CONFINEMENT LOCATION JAIL
FORMAL PROBATION GRANTED FOR 3 YRS,
CHARGE
FINE AMOUNT

MISC. FEES 60.00 RESTIT FINE 200.00 FINE TOTALS 260.00

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.

"Quaff oh quaff this kind nepenthe and forget this lost Lenore." (Poe, The Raven)

Yes, archaic title, yet meaningful, but I wanted to let you know that we are working right now on the story of the meeting, pictures and all. Really, we are. Later. No, now.

Here's your preview:

Pink Ladies tell new CEO and CCO, that they have issues with the kind of use of volunteers in the skilled nursing facility. They said they complained to the former SNF administrator and former CEO, Rick Carter, for more than a year, but were never heard.

Board member, Brad Armstrong, suggested a "liaison" between the new CEO and Pink Ladies once a month.

However, CEO, Tim Mcglew, tells the Pink Ladies, he needs to hear about any problems, immediately, not a month from now.

(That's what we need to hear from the new administration. I will elaborate on the fact that Armstrong was alerted early as chairman of the board in 2006 of serious problems in the nursing facility, but never acted.)

And the pharmacy has become a bitter pill to swallow, as CFO Chet Beedle, explains the our pill dispensing outlet, Mt. Mesa Clinical Pharmacy, is on a COD basis with the wholesaler.

Both Beedle and McGlew explained that the pharmacy will stay open, but people might want to call first as certain prescriptions may not be available immediately, or even at all.

I will elaborate and get some feedback from our other local pharmacies as well.

Our new Chief Clinical Officer, Cynthia Burciagagammallamamcschmidt, (sorry, I couldn't help it, I read the Kern Valley Sun) Cynthia Burciaga, has apparently dove in feet first into the skilled nursing center as the former consultants, including Nursing Home Administrator, Tracy Brown, sped off two weeks ago without notice.

Burciaga's report was extensive as many changes are being considered and new projects are starting up for the residents. More details...

McGlew, who will now be in charge of both hospital and SNF, said he is bringing in Beta group to take a look at the way the nursing facility is being run and to make suggestions, which will not cost the hospital money, as the company has an interest as they provide the hospital insurance coverage.

The CEO said he wanted another "set of eyes" to look at things in the much maligned nursing facility.

I'll try again to reach Beta group and get some general feedback, but honestly, I think I made them angry as I have complained bitterly that Dr. Pormir and Debbi Hayes were not insured when they were indicted by the state for problems with the SNF.

Though the board voted to insure the two long time employees, the insurance carrier would not pay for their legal costs because the indictments are criminal. (But former CEO, Pam Ott, only cited in a civil case, has the backing of the company. I don't know, I think my concern here is legitimate, and we will be getting more into this as the preliminary hearings begin this month in the criminal trials. Our camera will be there.)

On a promising, positive note, there is definite improvement in the way the administration has acted to the public, allowing questions and comments, and speaking directly of transparency due a public entity, such as the Kern Valley Healthcare District. Kudos.

The rest of the story and pics to come soon, later, tomorrow. I'm hungry, I'm going to get something to eat. I mean, I'm hungry for work, let me go back to it.

Our cameras in the courtroom: Dr. Pormir and Debbi Hayes scheduled for August and so are we...

We are sending off the request to video tape in Kern County Superior court as former KVHD Medical Director, Dr. Pormir and Pharmacist, Debbi Hayes, have a scheduled, two pre-trial hearing dates, August 18 and 19th.

We want to make sure that this is documented for the community so that all know what happened to two long time employees of the Kern Valley Healthcare District.

And I will make sure copies go to the leadership who allowed these two healthcare professionals to be taken in a state investigation which did not see to it that the people in charge were held more or even equally responsible.

What could be justice in this case?
I say to both the doctor and pharmacist that you turn over all evidence against the leadership of KVHD who allowed this turn of events to occur which has lead to your indictments. These people have done nothing for you two or the hospital, and they need to face their own jury.

You should both take note that nobody at this hospital has taken any responsibility for anything. They turned their backs and walked away.

If they had evidence, Mr. Attorney General, would the state consider using them as witnesses instead of defendants?

Jerry Brown and the DOJ need to cut a deal for the real players instead.
Laura Hart

Here's the court schedule:

Defendant Name CaseNumber
HearingDate/Time HearingLocation Div/Dept
Hearing Type
HAYES, DEBBI GAYLE CHAMBERS
BF126665B
08/18/2009, 09:00AM
Metro Division - 1415 Truxtun
PH
PRE-PRELIMINARY HEARING
HAYES, DEBBI GAYLE CHAMBERS
BF126665B
08/19/2009, 08:30AM
Metro Division - 1415 Truxtun
PX
PRELIMINARY HEARING
Click hearing location for contact information/directions.
Defendant Name CaseNumber HearingDate/Time HearingLocation
Div/Dept Hearing Type
PORMIR, HOSHANG M
BF126665C
08/18/2009, 09:00AM
Metro Division - 1415 Truxtun
PH
PRE-PRELIMINARY HEARING
PORMIR, HOSHANG M
BF126665C
08/19/2009, 08:30AM
Metro Division - 1415 Truxtun
PX
PRELIMINARY HEARING
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