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

Part three: Bob Jamison and QAB/sexual harassment too?/court date with the media Feb. 3

The never-ending story:

As if the Kern Valley Healthcare District story with the elder abuse, the bullying of employees and even board members, the use of small town media to cover some bad deeds indeed, I have brought another element to light and that is sexual harassment.

As I've described to you over the course of more than a year of writing this blog, that it would all come down to the fact that I've collected information and evidence, some of which is uncomfortable, yet the truth.

Nobody was comfortable in March of 2007 when I grabbed my bugle and began to play revievelle to a sleepy community unwilling to be awakened by matters such as public safety issues within the publicly run healthcare district, hospital which may have hastened the passing of residents of the nursing center.

At the time I began to bring in evidence and tell the story which continued and still continues to this day, about the mismanagement leading to, at the very least, mistreatment of people and more sickening, the weak, the infirm, the eldery, which we have now established DID occur under our noses, with the help of many, in our community and in our hospital.

The fight in early 2007 was the fact that there was a problem and who and what was causing it, was only in question. Very few would believe this could happen.

Because of certain circumstances and let's say it, priorities, the media in our valley put out confusing messages, one hoping to hold on to it's advertising, afraid to believe it was not as bad as it seemed; the other, willing to completely offer it's media services to a "resigning" CEO, who would be the first administrator out the door as the nursing center was approached being a safety hazard the state would have to close down.

Now, after the Department of Justice came through, a little late, but they at least showed up, which cannot be said for other agencies, such as the Grand Jury, who had early access to evidence which could have been seized in 2007, rather than a year later after the shredder was paid off.

And I don't know what the story is with the Department of Public Health, but several of us had an appointment to peruse public records regarding the hospital nursing center investigation, (the records are most likely in the hands of the state for their "potential" criminal trial) last April 2nd, and then were actually avoided for a full year.

Wow, the government, when they want to get you off their back, (because I'm just a small fly, a gadfly, and they know there is nothing I personally can do, except what I have been doing: telling the truth and following it up with evidence) they just laugh at you and ignore you.

I'm really a nothing in the big scheme of things. But because I don't believe any of us should be walking around thinking we are victims, acting as if we are victims thus ignoring the potential to act and solve problems: I just keep going.

We have reached another level to this now, where I am going to utilize our court system, part of the greater justice system: Small Claims court.

What tools do I have to use? Not many, my friends, but I will use them all until this is settled.

And because I said last year that I believed strongly that both the Kern Valley Sun Newspaper and more overtly, QAB media, owners of four radio channels, and access to the web and at one time, using the affiliate ABC radio news at the end of blogs authored by Bob Jamison, meant to attack maliciously without supportive information.

But even more sinister, has been the use of the station all the way up to the election, when Mr. Jamison, with a straight face, used his radio station to campaign for himself for board of directors at the hospital.

That particular program caused my phone to ring, as Jamison got off some personal attacks against the other candidates. Which I guess, if you don't embarass easily, is legal, but certainly an unwelcome example of small town politics.

I thank God the part of the scenario where the truth was just in our imaginations, there was no crime taking place, we didn't really get emails saying those things, nobody lied, and on and on.

Now it's the aftermath, however, we need to bring ourselves to that understanding so we can begin the clean up.

And I'm afraid what we have now, is more about how it happened, a disagreement between many people about how this poisonous situation took place.

I have put in front of you evidence which I believe supports a true conspiracy of top administrators, board members, the local media, and dare I say it, but an egregious example of the inefficiency of the many government agencies.

Next week the media in small claims court

Subject: sexual harassment

As I have been gathering all my evidence together to bring with me to court next week, and funny enough, the February 3rd board meeting date as well,

I am pleased to have my own opportunity to tell my story and show my evidence, and stand up for what I believe in, even if it is only in the smallest court we have.

Other people are out there punching it out, pointing guns at others, maybe even making threats, enjoying some slanderous or salamanderous moments at the expense of others, but I prefer to use truth and the avenues open to the average person (sans the attorneys) to do my work.

And as I've told everyone who has helped with this fight, this has never been about me, it is about all of us, and some of us like to talk the talk, while others can walk the walk.

So here's another subject that needs to be addressed for every young woman or man who has felt oppressive sexual advances connected to non-sexual situations such as a job.

As I will address in court next Wed. Feb. 3 at 3 pm in the Lake Isabella courthouse, prior to Mr. Jamison becoming overtly sexual in our conversations regarding my request to work with the radio station, as we had already set up situations where I called into the talk show Jamison, things were fine.

However, the more I was interested in the idea of doing a radio show, the more he was interested in meeting me for lunch or rambling on about strange, then eventually sexual things in our conversations.

This is a classical harassment set up, as opposed to just some sexual jokes or remarks.

Each time I had an idea about the show, which is what I was put through creating the show and ideas: it became an invitation or a phone call.

Eventually, I knew that there was no way the situation would work out, as Mr. Jamison wanted more than a side kick for his talk show.

But then there is the issue too that Jamison clouded the airwaves for months regarding the allegations of elder abuse, brown act violations, slander and defamation, conflict of interest, and I guess, I'm throwing it in there, sexual harassment to set off the whole ugly story.

I think after this is over, in Superior court and even small claims court, we will hopefully have learned how to be the example, walk the walk, and not be afraid to say that some is "WRONG" very, very wrong.

The media attacked my name and reputation in a malacious manner, but they also gave the community an example that the media cannot be counted on to take on serious and even grave situations such as what has occurred here in this valley. And nothing has changed in that regard.

The community: They call me about the high school, college community services, the rural health clinic, the water pollution, the racism, need for more classes at the college, the situations with their children...because they know I care and won't look the other way.

I can't get to everything, but I'm here watching...You can count on it.

Jamison E-mail:

From: Bob Jamison >

To: Laura Hart >

Date: Tue, 19 Sep 2006

14:51:09 -0700 (PDT)

Hi Laura,

Haven't heard anything else. At this point I do not intend to persue the matter further, as I think I got my point across to the subject agency on air.

As far as what we talked about after the show, I will tell you that like many people in the entertainment industry, I have a vivid imagination. In addition to listening to your words while we were on air, I was also keenly aware of the direction you seemed to want to go, but would not. We both have strong personalities and I can invision any number of situations that could result from two such people doing anything together. The result could be dynamic, exciting... the adjectives are nearly endless. It could also easily spin out of control.

Toward the latter, I must learn to stop imagining what people are waring when I am talking to them via phone from their home. I'm guessing that my vision of you setting in a chair in you pajamas drinking a glass of soy juice was more than likely inaccurate.

That's one of the things I love about radio, there is always enough room left for the imagination. TV, on the other hand, leaves no room for that.

Excuse me, I think I just inhaled my tie. Talk to you later.
Bob.

KVHD Elder Abuse case scheduled Jan. 5: we will get you the report

If it's rotten at the top...

Former Kern Valley Healthcare District, CEO, Pam Ott, is scheduled in court today, Jan. 5, along with the Director of nursing she hired, Gwen Hughes, and a doctor who had been with the district ten years before Ott even arrived, Dr. Hoshang Pormir.

http://www.kern.courts.ca.gov/

For more information on the times and charges, go to the Kern County Superior court link, and you can look up the criminal as well as certain civil cases that are underway or have concluded.

Pam Ott, who seems to be the last defendant charged by the state, Medi-cal fraud and elder abuse, as well as spending time under the scrutiny of the board of registered nursing.

Ott was hired on in 2003 as the CEO of the KVHD hospital. Her resume showed two obviously, had someone actually looked at it, degrees from a school not even accredited in the state.

But that major flaw that the board of director's and former CEO, David Green, from BRIM management company, brought in around 2000, after the  board negated a contract with William Casey who was thrust upon the district by our creditor, Cal Mtg.

After Green streaked out of here leaving Ott in charge of the henhouse, things slowly but surely began to change.

The Ott regime has been dilineated on this blog, but again, the day before we head back to court I can't help wondering why there wasn't more that was taken off the top?

The people in charge at the time were all mandated reporters, meaning they would have had to turn themselves in for ignoring serious problems caused by staffing cuts which lead to unsafe conditions.

We had Ott at the top of administration, the CEO, and the one who signed the reports for the skilled nursing facility: the very same one she claims she knew nothing about what they were really doing in there. (Hey, she signed these forms as administrator, not as "I guess that's what they're doing.")

Her second in command, former Chief Nursing Officer, Sharon Brucker, was so close to the situation, knew and heard all the complaints, and finally succumbed to the paranoia brought on by Ott's fear that someone, anyone, a sick reporter, may find out.

Brucker was involved in a coupe against the hospital's own employees. Like CFO, Chet Beedle, and Human Resources leader, Michelle Rosato, all "top guns," who broke the privacy laws by trying to impugn the reputations of certain employees who didn't agree with them. (later it would be the firing squad as times got more desperate.)

Ott, Brucker, Beedle, Rosato: CEO, CNO, HR, knew nothing about what was happening in the skilled nursing facility? The top administrators?

But what about the board of directors whom this community votes into place, the one's who are to keep the people, voters, patients, rights overseen, were cramped up into a ball of three out of five. (the sticky three, a quorum in a five person board)

Bob Jamison defended Ott even after her resignation. He used the radio station, his employer, and formerly paid for advertisements by KVHD, to defend Ott.

Former board member, Barbara Casas was apparently unaware that Ott was calling her "crazy" and other names behind her back, (I have emails) as she was used basically for the third vote.

And Brad Armstrong, what can you say about somebody who has the opportunity to save lives and careers but does nothing but attack the victims? His message hasn't changed: the employees are and were the problem. (I disagree. He allowed the problem to continue and created a hostile environment where the truth that the CEO, CNO, CFO, and HR were involved was not to be spoken without recourse)

How to get fired or get a reputation: by KVHD employees

I remember the nurse who wrote this very well. She came to me after she was fired, because there was nobody out there who came to help.

We were alone in our investigation. Yes, it was reported to many agencies, whom I will call soon, because as I said, this is the year of "accountability."

Public health didn't just recieve one phone call, no matter what they try to sell you, they just didn't know how bad it really was and they had a very persuasive CEO, in Ott, to deal with.

The Kern County Grand Jury didn't think much of our situation here either.

Oh, and the media, well, they weren't going to cut their own purse strings, and some were bold enough to lie and dupe anyone who would listen.

This nurse knew that Ott was aware of the situation. Why? Because she was one of many who complained. She was fired.

I'm a nurse practitioner and I can help you

In November of 2006, one month after I had a sudden weight loss which never resolved, I had to tell my "friend" at the time, Pam Ott, that I had a nightmare experience in the emergency room.

I went in seeking "food" but intravenously, because I was wasting away. Instead I got loaded full of drugs which "blacked me out." (we will address the irony of this situation in another blog, Rural Health Clinic, Jewel of the District)

Unfortunately, they sent me home intoxicated and driving by myself. I don't rememeber how I got home. I was alarmed.

So, I told Ott what had happened, and now began a whole new round of trying to help me, checking on what I'm eating, making referrals with doctors inside the hospital so I don't get too excited and tell someone about what happened.

In this email to me from Ott, she tells me that she wants to help me get better, and that she was a "very good nurse practitioner" at one time.

Ott, according to state records, has a registered nursing license she recieved from Fresno city college in 1971, but she was not a nurse practitioner.

So, what does that make her telling me she was a nurse practitioner? A liar, yes, but also someone who would say and do anything to cover thier own butt. Who would openly lie about credentials as Ott did?

And the state almost left her behind in this investigation. Jerry, Steve, Donny, she is the one you want to prosecute, the one to put in front of a jury.

But I am dissappointed that you didn't take the top layer. You have done so in many cases coming through on your public relations pipeline: why not us? This is a form of the corporate fraud you like to tangle with. Or get money from or something like that.

As you  can see I continued the effort to unveil Ott, but I also stay on here at the hospital waiting to unveil the rest your "big time attorney general's office" chooses to ignore.

No, no, it's okay, I'll finish your work for you. If you're too afraid to get mixed up with obvious wrongdoing, I guess we will fend for ourselves.

I'm taking one of them, Bob Jamison, to small claims next month, and then I guess you will just have to wait and see what I do next.

See you in court...

Mountains of Papework, thank you, it was worth it...updates and whatever happened to the Grand Jury Investigation? Apology to the first time reader...

The mountain of paperwork here in the mountains...

I've been on another mission, to organize all of the paperwork I have collected over the years from the Kern Valley Healthcare District. It's quite amazing how much I have, and how much room it takes up, especially when I keep it on the floor and on the bed, and on top of other surfaces.

So, I've been reading and laughing, and enjoying the second look at all this wonderfully damning material.

And after a full week I can say I'm finally half way through it. But it has been worth the time, effort and pain, to do it. (The wonderful people at Sienna Wellness put some shots in my neck, and put me back on my bicycle yesterday, and I am so grateful and you will be too.)

The Kern County Grand Jury Investigation:

I was just remembering our old friend Ed the Grand Jury investigator we called out in 2007. I found his email and phone number amongst the rubble of paperwork and wondered what had happened with him.

Last thing I remember is sitting in an unmarked car with him in front of Burger King, handing him over tapes and DVD's as well as emails and a list of witnesses, (something out of "All the President's men) and then he just disappeared.

The last I heard, he had spoken with Mr. Jamison, part of the "sticky three" board members who held back public information, (I will show you some laws I found about this) mismanaged and literally gave money to favorites, brought on a charged defendant in an elder abuse case and abused the media for his political purposes, and micromanaged the district breaking laws along the way.

Then he was gone. Did he think Mr. Jamison sounded more credible than email and audio and video evidence?

Well, I'm going to contact them again, now that the state mind you, not the county of Kern, but the state, brought charges regarding the elder abuse and the investigation with the Grand jury fizzled out.

What happened to Kern County? Where did they go? I want my evidence back, maybe I can take it to someone who cares.

I'll update you on this quest. I'm sure there's a record of the complaints. I say complaints, because there were many who backed this investigation up. He spoke to witnesses long before the state of California. Maybe they should share some information. I'll call the state and ask if they have the investigation done, by Big Ed, county investigator. If they don't, wouldn't you think that they should? He had fresh stuff, unlike the state, who came in after the parade finding only confetti and paranoia.

So, Ed the investigator just walked thru, a cursory glance, while people were fired (hey found the record of the "last thirty, dirty days" of Pam Ott too. It's been fruitful to look back.) residents were in jeopardy, and the media was twisting or unable to alert the public in a proper manner.

Get back to you on this. Let's ask Jon McQuiston our first district "county" supervisor what happened to the back up we called out in 2007.

Political Dodge Ball

Egovonix: the government style of ebonix, speaking in it's acronym ridden government tongue. Governmentese or whatever is difficult to understand thus leading to a hiding place for those in the complicated morass of laws and politics.

This healthcare district being so influenced by state and federal regulations is a tangled web of documentation and having to learn it myself, and then explain it to an audience is difficult at best.

And I still don't understand the point that ignorance of the law is no excuse, yet we need lawyers? Wouldn't that demand the law and it's peculiar vocabulary practices and rituals with gavels, bibles, and robes, be easy enough for us all to understand???

But the average person remains an outsider, kept out by the language, the money, the power, segregated, yet in charge of the vote. Politicians use the media, their own media now with the advent of mass communication via the Internet, and collude to keep us on the outside away from the handshakes and deals which go down. (though all politicians deny this and claim to be victims of the media, misunderstood, and misrepresented, they feed each other.)

So in regard to understanding this blog and not get lost in translation, my recommendation, is to recognize the complex nature of the situation we have at hand here in our isolated valley. We have financial malpractice of a general nature going on, which if we (we meaning the people with influence and power, and those elected to do their jobs) acquiesce one more time on correcting this situation, it may be the end of things.

I want to mention that people who read this blog need to understand that there are various layers of information I am putting forth, and I'm speaking to several different audiences at once. There are many "inside" jokes that the average or god help you, first time reader encounters.

And then there's the over flow of information, which is what I like to do: back it up with paperwork, video and those juicy quotes.

I'm in the habit now of putting up my posts right onto the blog, and when they are finished, as I add and subtract, then I push the finished stories to the top of the list. Dates and times of the original post changes. So, there are three under construction now.

I'm sure it's annoying for some of you and I'm sorry if it's an inconvenience to have to read me twice or even three times. (I feel for you.)

But along with this virtual journalism putting a story together while everyone is watching, I get feedback before I republish, and can hone the organization and layout again.

Isn't that great?

There are now over 210 posts on this blog, and there will be more to come as we make our journey toward justice, compassionate medical care for all, media responsibility, political oversight, and up the ladder we will go and address more issues on top of this.

Phew!!

But my activism started out young, yes, I was spreading fliers around my neighborhood trying to aid the late and great Jacques Cousteau on his mission to stop pollution from killing the oceans and the natural environment. I cried over reefs (?) as a child. What will the fish do?

My early fliers included pictures of orcas and I could draw sharks too. (A lot like I'm doing now, just with actual photos and spellcheck)

Help stop polushun donte littre your kiling the animals

That was my message. I hadn't acquired any grammar skills at that point. (I'm still working on it as you can tell.)

My homemade fliers, conceived in a seven year old mind, were interesting to the neighbors. I moved on to stopping forest fires next: that Smokey the bear... you know what I mean. After that I went into a deep childhood depression over nuclear bombs too.

UPDATE:

So, some updates: The Mt. Mesa clinical pharmacy is the issue at hand, and the financial hoodwinking going on at the hospital in regards to such.

The next issue will be compassionate care. That should always be the issue, and I hold it in high regard. The Rural Health Clinic product review, coming right up.

How you can obtain records at the hospital. Thought it was only me, you too can question the healthcare district. Let's discuss it.