Thank you for your immediate response Kern County Grand Jury
After my Labor Day weekend turned laborious as I received a very unpleasant letter from a Kern Valley Healthcare District board member accusing me again of starting a Kern County Grand Jury investigation which included himself it seems.
I knew, as I explained in the post below http://kernvalleyhospital.blogspot.com/2010/09/kern-county-grand-jury-kvhd-ceo-says.html I didn't file a grand jury report this year, in fact as I explain in the other post, I was being dissuaded from it by a gentleman with the Grand Jury.
The tale of two phone calls
In June of this year after obtaining some materials which I believed to be criminal in nature, I contacted the Kern County Grand Jury as my father had sat on a grand jury so I had some idea that I would be bringing my information to my peers for their own assessment.
The first phone call was a boon as the gentleman who answered, called himself "John" told me all about how to present a case before the jurors and gave me phone numbers for other agencies as many of the issues cross over to other "oversight" agencies. I was delighted by his response and he actually asked me if there was any bullying going on and if I felt safe.
Seemed very productive and then I got to work reading about white collar crime and sorting through the boxes of paperwork I had collected over the past four years. I told him I would come down to Bakersfield to meet up that next week.
Darn it if I realized I could not possibly put all of this material together, which includes audio and video, (hours and hours of it) in a week as I am disabled and my days are based on what my body will "allow" me to accomplish. In fact it's been months and I am still not finished, but that doesn't mean I'm not getting close. So, I called to tell him I would be delayed as originals of everything have to be copied as they won't be returned.
The second call
I happily dialed the number to the grand jury again and John again answered. This time his tone had changed.
Unlike the call I received on 9/9/10, yesterday, there were two representatives from the Grand Jury on the phone as they said they needed to have at least two people to speak to anyone.
In June it was just John and in the second call where we "spoke alone and unmonitored" he told me I only had a "Brown act" case.
The Brown act which you can find a description of a few posts down, are the laws surrounding the actions of public board members.
Though, according to an article in the LA Times last year, there is not much done to enforce proper conduct of these boards and their members.
But you see Brown act violations are like "gateway drugs" they lead to being able to cover up other sorts of crimes. This is merely the top layer it's what is below that we should be concerned about.
That is why board members cannot talk about issues behind our backs or between themselves and that is why I refer to "the sticky three" as they made decisions together, illegally in the case of KVHD.
But it was the decisions that were made by the three of five quorum, like covering the elder abuse scandal, the financial failings, the short staffing, the improper credentials, that allowed these abuses to continue.
Had anyone in law enforcement stopped this practice, then they would not have been able to gain control of the hospital by means of violating all our rights of public disclosure, reserving the decision making for themselves and being able to hide the evidence or actually destroy the evidence which has lead to a scant amount of information available to law enforcement for means of prosecution.
So, that is why Brown act violations are so important. I asked the state Department of Justice why they even have these laws if they are not going to enforce them...no answer.
How about this answer
If I said to a Highway Patrolman after hitting the gas pedal too hard, " it was only a speeding infraction why bother me with your laws you selectively choose to enforce?" Do you think he would care?
What is the difference there is that I will have to "Pay" them for the ticket, whereas if I complain to law enforcement, they have to "pay" to do an investigation and then court costs if it goes that far.
I'm sure many of you have read that in the city of Modoc they had no "cash on hand" to pay for their police department so be careful when heading through that city as they will probably be enforcing laws that cost you money to help support the police department.
I know so many people who watch crime shows on TV which really don't have any reality to them. CSI and criminal minds and on and on, are hot shows.
I'll tell you right now that no law enforcement office could afford to do all the things that they do on television. I suspect "Cold Case" is more truth as there are so many crimes which they didn't have the time, staff or money to solve, but it's not like they are going to go back through them as there is even less money now. (I'll be doing an editorial about this subject on my other site: "Your Government, your problem: an owner's manual.)
How would the GJ know what my case was or wasn't
I didn't tell John from the grand jury all the specifics but within five days his whole attitude changed and so did mine: instantly.
"Who did you talk to in the last five days?" I asked him.
No response at all. If he had said, nobody, then it was proved he did speak to someone, big trouble. If he had said, yes, equally big trouble. So, he did what you do when you want to stay out of trouble temporarily: stonewall, just like KVHD did in April and May of 2007.
http://kernvalleyhospital.blogspot.com/2009/10/oh-those-prophetic-words-meeting-from.html
Whether or not he admitted it, he talked to someone as nobody makes a turnabout that quickly without some sort of reason or "persuasion."
Because I was able to find support in other venues, I dropped the whole thing with the grand jury and moved along with my research and huge task of creating a coherent timeline from an incoherent mass of disjointed information provided by many sources.
Response from KVHD CEO Tim McGlew
However, after being told that I had "caused" (that would only be said by someone with something to hide) this recently acknowledged investigation at KVHD, I decided I should take this up with everyone to find out what has happened.
Mr. McGlew and I have been in touch since the day he arrived in 2009, as I wanted to talk with him as quickly as I could about the issues at the hospital, both criminal and quality problems. We have been in contact ever since that time and there is no way that he can claim I did not approach him personally about problems as is printed in his response.
He has admitted that there was a grand jury investigation and as to the content I was told to wait for the report from the grand jury. He then says that I shouldn't be surprised as I warned him of this as well as others. Hello? I told all who inquired that I was not behind this but they wouldn't believe me.
However, things have now changed
I made a call to the grand jury and spoke to an affable woman the other day and asked if my name was somehow connected to this most recent grand jury investigation as if it was, then my evidence should be there. I also let her know about my dealings with John in June too.
It was late in the day and I asked her for a response from someone to the CEO's statement and claims made surrounding this inquiry, but there was no one else there to be able to speak to this and some research had to be done.
I apologized to her saying that I would have to make a complaint against the grand jury as I feel I was mislead and that the GJ does not disclose names of complaintants, but the CEO had indicated he believed I did it and I don't know that information may not have been leaked that I even had called.
The next morning
I got a message from the Grand Jury, I won't be able to confirm the spelling of the names, but let's try Jacqueline Henry and Doris Duchette for now, and they said they had no complaint on file from me now...or in 2007. (what was that last part?)
Now I know there was no complaint from me this year, but there was definitely a complaint from me and many others from 2007 and I will unfortunately have to dig in the "other" pile to find it, but I saw the "grand jury complaint forms" from 2007 in my documents a few months ago, so I know I have it.
"We do not have any complaints that you have filed...and in 2007 we have nothing if you filed that with Al Rogers it went to the District Attorney's office," Henry said in her message.
Okay the second part concerns me
Yes, it was Al Rogers we met with in 2007, but the complaint was made to the grand jury so I don't know and need to ask about this when I find my documents.
Al Rogers had an opportunity and much support with his investigation as the KVHD hospital was under threat of closure at that time and employees were fired for trying to dis-close the problems.
But what happened that he couldn't use obvious evidence that I gave him? I guess the next call will go to the District Attorney's office and maybe we can all find out why when they had the chance to save lives, careers, and even money, didn't they follow through?
I remember meeting Mr. Rogers (sorry) in front of Burger King in Lake Isabella where I handed him video, audio, and emails. Thankfully, we had made copies and distributed them around so I am not the only one in possession of evidence.
We never heard from Rogers again, but we did hear from KVHD board member Bob Jamison as he crowed about an investigation that never "found anything."
Finding the hay in the needle stack
If there is obstruction of justice, meaning misleading and lying to enforcement or even the public in the case of this being a tax based healthcare district, to keep them from knowing the truth, how would you even be able to investigate this with one person? And one person who has no knowledge of the background or as we hate to say here, history, of the hospital's political and financial situation which puts the case in perspective?
Nothing against Mr. Rogers, but it has taken me four years to get a clear picture of what has happened here, just how would he be able by himself to conduct an investigation of this magnitude?
He wouldn't, couldn't and didn't and Mr. Jamison of the board and the valley's only radio media, knew it, and made sure we all knew it, rubbing it in. Jamison's power increased by the end of 2007 after the grand jury or the DA, whichever, we still have to clarify many things, walked away.
I recently talked to a witness who had spoken with Mr. Rogers and told him specifically she had witnessed three board members, "the sticky three," in former CEO, Pam Ott's office making decisions such as keeping on the 2006 architects, Aspen Street.
Three to five wins the decision and that is why the Brown act is so important in that it keeps the powers that be from controlling the board vote.
What is next?
In her phone message Henry said she had to make sure there was another person available to speak to me and suggested I call back on Monday to speak to them again as she was leaving early that day. "...because there has to be, we have to have two people to speak and our other third person is not here today."
I certainly wish John had the courtesy to have another person on the phone when we spoke in June, as then I believe this whole convoluted situation would not have taken place.
Understanding these people are volunteering their time and judgment to the county, I have nothing but respect for those who serve their communities, and I appreciate this last statement.
"If you would like to refile or send us some of your information then probably we can do something, but we do not have any information from you directly and the only information that we have is from your website."
(To the grand jury and the voters in the Kern Valley facing a property tax increase to bail out the hospital, this blog has almost 400 posts, and is very much unorganized. Please understand that my tone and humor are only devices used by writers, and I take this whole situation very seriously. Please do not be put off by this as I felt it was the only way to get the attention of those who could help us. I will be reorganizing but feel free to take a look around the place, but don't think you will find the gold, as I keep that in a safe place(s).
To be clear:
YES, I WOULD LIKE TO FILE A COMPLAINT WITH THE GRAND JURY. I WOULD LIKE TO MAKE SURE THAT THEY KNOW ALL AND REQUIRE THOSE AT KVHD WHO HAVE BEEN ABLE TO SKIRT AROUND THE JUSTICE SYSTEM UNDER OATH UNDER THE PENALTY OF PERJURY. AND I WILL BE HAPPY TO DO THE SAME.
Next we will talk about the California Department of Justice, Attorney General, Jerry Brown's case as the elder abuse charges against Pamela Ott, Dr. Hoshang Pormir, and Gwen Hughes will be heard on October 15, 2010 at the Kern County Superior court.
I will follow up with the grand jury and have asked that a formal complaint be made against KVHD by me for the harassment regarding my supposed involvement in this grand jury case. Why again if they have nothing to hide would they be so concerned and angry? Hopefully, we will find out, in front of the jurors themselves.
Persistance and Tenacity, requires a new chapter, a new beginning....
Sunday, October 3, 2010
Friday, October 1, 2010
Pay a quarter; hit the reporter: just don't forget to pay...Small clams update: Sun done; QAB set for Wed. Feb. 24th
She was going to take the hospital down
Another day in court with my media moguls the Kern Valley Sun "News"paper, and their new radio pals, QAB media, owners of the local radio stations we can actually hear in this rural enclave called the Kern River Valley.
As I sat outside the court room while the defendants came ambling in, a couple at a time, waving to others they knew. It was old home week at the courthouse.
Unlike the days where the two competitors for advertising were divisive, at least I know from the Sun perspective and from Mr. Bob Jamison's story telling days, they came into court on Wednesday, united by one thing: get that reporter. (just make sure to pay your quarter.)
We were again instructed by the bailiff to sit down, exchange information, and see if we could come to some sort of agreement.
Of course there was no agreement, and I had added a few things to my packet, like Ketchup and mustard, but other than a print out of my blog, weighing down Mr. Bohn, (there are more than 250 posts now) it was same place, same thing.
Bohn, who seems to be doing all the work in this case, pointing to Mr. Jamison as his "witness."
Now this configuration works for me as a witness Mr. Jamison will have to testify to these items, under oath, and to people who are not as "stuck on stupid" as Mr. Jamison seems to like to think the rest of us are.
I get to cross examine him, where he will have to answer.
For more than three years I have not gotten Mr. Jamison to say a word, except to threaten me, at the Kern Valley healthcare District board meetings. I've asked direct questions and as expected the board could not make him answer.
Now, for the first time, he will have to answer, in court. I must say I am gleeful for that. As I said there are few places that can bring lies to their knees, and one place is court.
When I raised my right hand and swore to tell the truth I was glad to do it. I am appreciative of this opportunity to make my argument to the court about what happened to me via the media in this town.
We all know it's not just about me, but I'm the one doing the digging, carrying the shovel, so that's the way I shall characterize it.
I did some reading last week
After reading and researching libel and the laws and history surrounding it, I had some epiphanies, and I read about the trickery that attorney's use to turn a case their way.
Excitedly, I told my sister that I had learned all kinds of things about court and then I listed all the traps and tricks only to hear nothing but silence.
"What?" I asked my sister.
She said nothing, and I got concerned. Then she took off after me.
"I can see you've done your homework and found all kinds of fancy ways to do this, but the thing that you do best is just say it...tell the truth like you do when you write the blog and it will all work out."
Thank God for little sisters who tell you you're heading down the wrong path.
When I woke on Wednesday, a bit grumpy, I decided I will just tell the truth in the most organized fashion I can, and let the universe decide.
I've noticed that the truth has a strength that lies don't contain, like a genetic deficiency. So, rather than being like an attorney, I went in like me, and told the story like me. And a decision will be made by somebody who is both learned in lying and stretching, but noticeably good at seeing through specious reasoning.
Before court, Bohn asked me again
As we sat outside waiting to be called into court, Mr. Bohn, got up and asked me if I was ready to drop the case; I politely said no, and he notified the bailiff that we were not coming to any sort of agreement.
I won't tell all of this story yet, as we are still not finished or rather, haven't even started, the second case with Mr. Bohn and Mr. Jamison. But there are some funny remarks made that I will talk about once we are finished with this court case.
While we waited for court I was recollecting other things my sister told me which had made much sense.
"You don't ever need to waste your time with people like this again. You just have to finish what you started."
Sometimes it's not easy being me
I showed up alone to court, while the others brought along, I don't know, maybe witnesses, or just somebody to talk to while they waited, I'm not sure and didn't ask.
When I was called up to tell my story I was initially nervous, repeating in my head that simply telling the truth is enough, no lawyer games necessary.
What I realize is when you tell the truth, you stop being nervous because it comes naturally, rather than being contrived to fit the moment. So, as you can imagine, off I went, making point after point, and allowing myself to not know the answer as well.
After the judge asked me questions, I felt good, like I had been given a great opportunity, to tell the truth.
At one point I even allowed myself to cry. I choked for a moment not wanting to look weak by crying, then I thought, I don't care if I look bad or weak, it hurt.
I told the Sun and it's managers, it was cruel to have left a threat against me even after I told them I had already had a gun pointed at me. I made a point of telling them, I'm just human and this sort of thing affected me emotionally and my health.
Whether they care or not doesn't matter, it's that I let myself be vulnerable in front of what have appeared and acted like enemies who would like to see me look bad or even be physically harmed.
No witnesses to cross examine
Though I almost got to ask questions of Susan Barr of the Sun, it seemed superfluous after Marsha Smith admitted that the article about my prayer at the meeting wouldn't have flown had she known about it, I will need some practice.
I don't care for television and rarely watch only for special reasons, but there's a lot of TV about attorney's so I'm sure I can get a gander at some of the ways of bringing the truth to the surface during cross examination. I've got almost two weeks to practice.
After the publisher of the Sun and I finished the first case, the judge very nicely offered to hold court over if the employees were willing to stay on for another probable hour. More than five minutes passed as discussion amongst the employees could be heard and the judge reemerged into open court.
He told Mr. Bohn that the employees were willing to stay, I said I was fine with it, but I left the ultimate answer to Mr. Bohn who declined because of a basketball game. (Since court went into over time and we didn't play the rest of the game, what if the basketball game went into OT too? Would Bohn put off the game for another two weeks? Just curious.)
So, we have another two weeks, but like I said, the extra time will pay off again, I believe.
For more information as to the cause of these two cases, of media vs. media monopoly, the blog includes more than ten stories regarding the issues.
There are always reasons even if they don't rhyme
With two media outlets vying for a small pot of gold in advertising, it is not unusual to find media being timid and even skittish when it comes to making waves in a small area where they could step on toes and easily lose to other advertising outlets.
I'm saddened for them, but I'm much more interested in what happened to the patients at the Kern Valley Healthcare District nursing center who died under suspicious circumstances, the families of these residents, the fired employees who tried to tell the truth, the financial fiasco, then I am about whether the Kern Valley Sun or the Best Country had good ratings this week.
Or that they stayed out of trouble by not investigating the cries for help coming from all parties by 2007 when I was sent packing as the administrator of the hospital and her gang made it clear there was no money for those investigating the hospital.
But out of that situation came the nonsense, defamation about me "taking down the hospital."
However, it was said again in small "clams" court the other day, at our second appearance, in Hart vs. KV Sun, which has concluded, but QAB will be defending their case on February 24.
But let's start with a rumor cited by the Sun that still persists today: Laura Hart wants to take down the hospital.
The Sun seemed to indicate they were protecting the hospital. What do you think readers?
Wow.
But it's the perpetuity of lies or excuses which amazes me. Now, here is how the story should have be done:
"OH NO! The reporter! The big ugly, destructive reporter.
Why, I think shes's taking down the hospital. How can we stop her?
"We can't she's too big and too strong."
The end... (at least it would have been funny giving it some redeeming quality.)
Another day in court with my media moguls the Kern Valley Sun "News"paper, and their new radio pals, QAB media, owners of the local radio stations we can actually hear in this rural enclave called the Kern River Valley.
As I sat outside the court room while the defendants came ambling in, a couple at a time, waving to others they knew. It was old home week at the courthouse.
Unlike the days where the two competitors for advertising were divisive, at least I know from the Sun perspective and from Mr. Bob Jamison's story telling days, they came into court on Wednesday, united by one thing: get that reporter. (just make sure to pay your quarter.)
We were again instructed by the bailiff to sit down, exchange information, and see if we could come to some sort of agreement.
Of course there was no agreement, and I had added a few things to my packet, like Ketchup and mustard, but other than a print out of my blog, weighing down Mr. Bohn, (there are more than 250 posts now) it was same place, same thing.
Bohn, who seems to be doing all the work in this case, pointing to Mr. Jamison as his "witness."
Now this configuration works for me as a witness Mr. Jamison will have to testify to these items, under oath, and to people who are not as "stuck on stupid" as Mr. Jamison seems to like to think the rest of us are.
I get to cross examine him, where he will have to answer.
For more than three years I have not gotten Mr. Jamison to say a word, except to threaten me, at the Kern Valley healthcare District board meetings. I've asked direct questions and as expected the board could not make him answer.
Now, for the first time, he will have to answer, in court. I must say I am gleeful for that. As I said there are few places that can bring lies to their knees, and one place is court.
When I raised my right hand and swore to tell the truth I was glad to do it. I am appreciative of this opportunity to make my argument to the court about what happened to me via the media in this town.
We all know it's not just about me, but I'm the one doing the digging, carrying the shovel, so that's the way I shall characterize it.
I did some reading last week
After reading and researching libel and the laws and history surrounding it, I had some epiphanies, and I read about the trickery that attorney's use to turn a case their way.
Excitedly, I told my sister that I had learned all kinds of things about court and then I listed all the traps and tricks only to hear nothing but silence.
"What?" I asked my sister.
She said nothing, and I got concerned. Then she took off after me.
"I can see you've done your homework and found all kinds of fancy ways to do this, but the thing that you do best is just say it...tell the truth like you do when you write the blog and it will all work out."
Thank God for little sisters who tell you you're heading down the wrong path.
When I woke on Wednesday, a bit grumpy, I decided I will just tell the truth in the most organized fashion I can, and let the universe decide.
I've noticed that the truth has a strength that lies don't contain, like a genetic deficiency. So, rather than being like an attorney, I went in like me, and told the story like me. And a decision will be made by somebody who is both learned in lying and stretching, but noticeably good at seeing through specious reasoning.
Before court, Bohn asked me again
As we sat outside waiting to be called into court, Mr. Bohn, got up and asked me if I was ready to drop the case; I politely said no, and he notified the bailiff that we were not coming to any sort of agreement.
I won't tell all of this story yet, as we are still not finished or rather, haven't even started, the second case with Mr. Bohn and Mr. Jamison. But there are some funny remarks made that I will talk about once we are finished with this court case.
While we waited for court I was recollecting other things my sister told me which had made much sense.
"You don't ever need to waste your time with people like this again. You just have to finish what you started."
Sometimes it's not easy being me
I showed up alone to court, while the others brought along, I don't know, maybe witnesses, or just somebody to talk to while they waited, I'm not sure and didn't ask.
When I was called up to tell my story I was initially nervous, repeating in my head that simply telling the truth is enough, no lawyer games necessary.
What I realize is when you tell the truth, you stop being nervous because it comes naturally, rather than being contrived to fit the moment. So, as you can imagine, off I went, making point after point, and allowing myself to not know the answer as well.
After the judge asked me questions, I felt good, like I had been given a great opportunity, to tell the truth.
At one point I even allowed myself to cry. I choked for a moment not wanting to look weak by crying, then I thought, I don't care if I look bad or weak, it hurt.
I told the Sun and it's managers, it was cruel to have left a threat against me even after I told them I had already had a gun pointed at me. I made a point of telling them, I'm just human and this sort of thing affected me emotionally and my health.
Whether they care or not doesn't matter, it's that I let myself be vulnerable in front of what have appeared and acted like enemies who would like to see me look bad or even be physically harmed.
No witnesses to cross examine
Though I almost got to ask questions of Susan Barr of the Sun, it seemed superfluous after Marsha Smith admitted that the article about my prayer at the meeting wouldn't have flown had she known about it, I will need some practice.
I don't care for television and rarely watch only for special reasons, but there's a lot of TV about attorney's so I'm sure I can get a gander at some of the ways of bringing the truth to the surface during cross examination. I've got almost two weeks to practice.
After the publisher of the Sun and I finished the first case, the judge very nicely offered to hold court over if the employees were willing to stay on for another probable hour. More than five minutes passed as discussion amongst the employees could be heard and the judge reemerged into open court.
He told Mr. Bohn that the employees were willing to stay, I said I was fine with it, but I left the ultimate answer to Mr. Bohn who declined because of a basketball game. (Since court went into over time and we didn't play the rest of the game, what if the basketball game went into OT too? Would Bohn put off the game for another two weeks? Just curious.)
So, we have another two weeks, but like I said, the extra time will pay off again, I believe.
For more information as to the cause of these two cases, of media vs. media monopoly, the blog includes more than ten stories regarding the issues.
There are always reasons even if they don't rhyme
With two media outlets vying for a small pot of gold in advertising, it is not unusual to find media being timid and even skittish when it comes to making waves in a small area where they could step on toes and easily lose to other advertising outlets.
I'm saddened for them, but I'm much more interested in what happened to the patients at the Kern Valley Healthcare District nursing center who died under suspicious circumstances, the families of these residents, the fired employees who tried to tell the truth, the financial fiasco, then I am about whether the Kern Valley Sun or the Best Country had good ratings this week.
Or that they stayed out of trouble by not investigating the cries for help coming from all parties by 2007 when I was sent packing as the administrator of the hospital and her gang made it clear there was no money for those investigating the hospital.
But out of that situation came the nonsense, defamation about me "taking down the hospital."
However, it was said again in small "clams" court the other day, at our second appearance, in Hart vs. KV Sun, which has concluded, but QAB will be defending their case on February 24.
But let's start with a rumor cited by the Sun that still persists today: Laura Hart wants to take down the hospital.
The Sun seemed to indicate they were protecting the hospital. What do you think readers?
Wow.
But it's the perpetuity of lies or excuses which amazes me. Now, here is how the story should have be done:
"OH NO! The reporter! The big ugly, destructive reporter.
Why, I think shes's taking down the hospital. How can we stop her?
"We can't she's too big and too strong."
The end... (at least it would have been funny giving it some redeeming quality.)
Tuesday, September 28, 2010
They call it Elder Abuse: but it's still Murder...talking to CANHR
Why not murder charges?
My mind has wrangled with the notion of why we differentiate between elder abuse and murder, rather than simply applying the same rules to all of us, no matter what age.
I made a call to the California Advocates for Nursing Home Reform, an organization which has been actively addressing issues such as the use of psychotropic drugs in nursing homes since 1983, to discuss my concerns. http://www.canhr.org/
It wasn't more than a moment before Pat McGinnis, who took my call, recognized the KVHD case. "Yes, I know which case you're talking about, it was terrible."
As three defendants formerly of the Kern Valley Healthcare District head to Kern County Superior court today to answer to charges that they were knowingly "drugging" patients for staff convenience, McGinnis explained there are other issues involved.
I wanted to clarify what is meant by "staff convenience" which sounds more like the staff asked that they have a new microwave and comatose patients.
McGinnis said this is nothing against the staff themselves, but another way of saying, "short staffed," reflecting more on the management and their financial policies. With lack of staff comes a need to keep patients quiet and requiring less attention they would get if the nurses were in sufficient supply to deal with the needs of the patients.
I asked McGinnis if there was a place for psychotropic medications in nursing homes or if she thought they should be eliminated entirely.
She said the issue is more about "informed consent" which is where patients or family members are given the opportunity to find out what medications are being used. And yes, the website, is full of alternatives other than drugs. It is good reading for anyone with a family member in a nursing home.
In one case she explained four daughters were watching carefully over their mother but found she had suddenly changed, more sleepy and "drooling." She had been given new medications.
"...they never told the daughters or next of kin."
Problems with oversight
There are currently no laws where the state surveyors check to make sure that families are told exactly what medicines and changes to medications are being made.
When these annual surveys are done there are many "tags" they use to identify problems, but so far, there are none which check to make sure the family has been notified of all treatments.
McGinnis said she was contacted by one of the family members in the KVHD elder abuse case, and he was apparently not even told that his father had died let alone any medication usage.
As the news of the KVHD elder abuse case reached many organizations, it was apparent, McGinnis, feels there needs to be much more backing for change in relation to nursing home laws and the people who oversee the care of the elderly.
The question which has been bothering me
I alerted McGinnis the elder abuse case would be in court today, and told her about some of the interviews I had done with nurses who saw things such as a "mass destruction" of evidence such as medicine containers, paperwork regarding the patients, and threats of being fired for telling the truth.
She wasn't shocked to hear that the staffing director fought with CEO, Pam Ott, over the lack of nurses in the SNF, and was told to put down "secretaries" on forms to make sure it looked as if the center was properly staffed.
McGinnis said that she had heard the complaint came through the "ombudsman," (I believe her name was Cathy Shields) which I refuted as that was a "late complaint" as the employees had been trying for months to get help which really never came. (we will find out later today)
I think she may have raised an eyebrow as I told her the employees had gone to the board of directors and made the complaint of short staffing, in Oct. 2006, and were sent packing. They were, however, placated with a "committee" called "recruitment and retention" which met once as the nurses who made the complaints quit shortly thereafter.
So, I asked McGinnis, who still had "the fight" in her voice, though she has been advocating for the elderly for more than 25 years, why they call it elder abuse and not murder.
"You need to ask Brown's office," she answered sarcastically.
Then she said, "They have to go with what they can get. Murder, would be hard to prove, they actually wanted to kill the patients."
I said, I still don't understand why if you are elderly it isn't murder. "I agree," McGinnis said, but the situation is more of what they can do within the constraints of the laws as they stand right now.
Would having a psychiatrist changed anything?
I was also curious about a new program in the skilled nursing center, voted in by the board of directors last month, and that is "telepshyciatry."
McGinnis questioned what if anything a psychiatrist could do over a television with a nursing home resident.
She also said that there is little in compensation for these residents and that "medi-cal" would likely not cover the costs. I explained that our CFO, Chet Beedle, told the board of directors and audience that the new service would be covered by Medi-Cal.
She gave me a phone number of someone who could confirm the cost reimbursement Beedle claimed would be covered for the KVHD SNF patients. I'll let you know on that.
Update later...
My mind has wrangled with the notion of why we differentiate between elder abuse and murder, rather than simply applying the same rules to all of us, no matter what age.
I made a call to the California Advocates for Nursing Home Reform, an organization which has been actively addressing issues such as the use of psychotropic drugs in nursing homes since 1983, to discuss my concerns. http://www.canhr.org/
It wasn't more than a moment before Pat McGinnis, who took my call, recognized the KVHD case. "Yes, I know which case you're talking about, it was terrible."
As three defendants formerly of the Kern Valley Healthcare District head to Kern County Superior court today to answer to charges that they were knowingly "drugging" patients for staff convenience, McGinnis explained there are other issues involved.
I wanted to clarify what is meant by "staff convenience" which sounds more like the staff asked that they have a new microwave and comatose patients.
McGinnis said this is nothing against the staff themselves, but another way of saying, "short staffed," reflecting more on the management and their financial policies. With lack of staff comes a need to keep patients quiet and requiring less attention they would get if the nurses were in sufficient supply to deal with the needs of the patients.
I asked McGinnis if there was a place for psychotropic medications in nursing homes or if she thought they should be eliminated entirely.
She said the issue is more about "informed consent" which is where patients or family members are given the opportunity to find out what medications are being used. And yes, the website, is full of alternatives other than drugs. It is good reading for anyone with a family member in a nursing home.
In one case she explained four daughters were watching carefully over their mother but found she had suddenly changed, more sleepy and "drooling." She had been given new medications.
"...they never told the daughters or next of kin."
Problems with oversight
There are currently no laws where the state surveyors check to make sure that families are told exactly what medicines and changes to medications are being made.
When these annual surveys are done there are many "tags" they use to identify problems, but so far, there are none which check to make sure the family has been notified of all treatments.
McGinnis said she was contacted by one of the family members in the KVHD elder abuse case, and he was apparently not even told that his father had died let alone any medication usage.
As the news of the KVHD elder abuse case reached many organizations, it was apparent, McGinnis, feels there needs to be much more backing for change in relation to nursing home laws and the people who oversee the care of the elderly.
The question which has been bothering me
I alerted McGinnis the elder abuse case would be in court today, and told her about some of the interviews I had done with nurses who saw things such as a "mass destruction" of evidence such as medicine containers, paperwork regarding the patients, and threats of being fired for telling the truth.
She wasn't shocked to hear that the staffing director fought with CEO, Pam Ott, over the lack of nurses in the SNF, and was told to put down "secretaries" on forms to make sure it looked as if the center was properly staffed.
McGinnis said that she had heard the complaint came through the "ombudsman," (I believe her name was Cathy Shields) which I refuted as that was a "late complaint" as the employees had been trying for months to get help which really never came. (we will find out later today)
I think she may have raised an eyebrow as I told her the employees had gone to the board of directors and made the complaint of short staffing, in Oct. 2006, and were sent packing. They were, however, placated with a "committee" called "recruitment and retention" which met once as the nurses who made the complaints quit shortly thereafter.
So, I asked McGinnis, who still had "the fight" in her voice, though she has been advocating for the elderly for more than 25 years, why they call it elder abuse and not murder.
"You need to ask Brown's office," she answered sarcastically.
Then she said, "They have to go with what they can get. Murder, would be hard to prove, they actually wanted to kill the patients."
I said, I still don't understand why if you are elderly it isn't murder. "I agree," McGinnis said, but the situation is more of what they can do within the constraints of the laws as they stand right now.
Would having a psychiatrist changed anything?
I was also curious about a new program in the skilled nursing center, voted in by the board of directors last month, and that is "telepshyciatry."
McGinnis questioned what if anything a psychiatrist could do over a television with a nursing home resident.
She also said that there is little in compensation for these residents and that "medi-cal" would likely not cover the costs. I explained that our CFO, Chet Beedle, told the board of directors and audience that the new service would be covered by Medi-Cal.
She gave me a phone number of someone who could confirm the cost reimbursement Beedle claimed would be covered for the KVHD SNF patients. I'll let you know on that.
Update later...
Sunday, September 26, 2010
Election Time: KVHD Board of Directors candidate forum: an experiment in fairness
I'm tired of hearing it said that democracy doesn't work.
Of course it doesn't work.
We are supposed to work it.
Alexander Woollcott
With less than two months left before the November 2, 2010 election, the six candidates running for the two open seats on the Kern Valley Healthcare District Board of Directors have participated in what I am calling, "the fairness campaign."
After years of watching one candidate trying to stomp the other as a way of winning the votes of the people of the United States, I thought we could set an example for our politicians and news outlets by allowing the candidates to speak to the voters, in their own words, unedited, and without restriction.
I want to hear about the "people" themselves, and not about the sometimes fictional deficiencies of their fellow candidates.
So, I asked the six KVHD board candidates, Tom Bostick, Kathryn Knight, David Derr, John Blythe, Dr. Wesley Thomas, and Saul McGarity if they would like to publish a candidate statement and answer a few questions on the blog.
All of them agreed to do this, and I offered unlimited space, a photo, four questions, a candidate statement, and contact information. Each of them chose their own presentation.
(However, one candidate, Saul McGarity, is down with the flu, but will be participating once he gets well.)
Your vote makes all the difference
Voting is the power of the people. And to vote wisely, I believe a fair playing Field is in order, so that we can not only "meet" the candidates, but hear in their own words what they believe they can do if elected to a governing position.
I recently sent a letter to the LA Times chastising them for keeping our candidate for California Governor "Jerry Brown" in the paper constantly. Anyone running for the KVHD board knows that Mr. Brown, current Attorney General, was one of many who had a chance to help this rural hospital district in crisis because of elder abuse allegations. And he could have investigated the lending practices of Cal Mtg., but his office would not even respond to that request.
While we in this valley fell silent, in shock, after criminal charges and civil cases were filed last year, Brown announced his run for Governor. He also used this hospital as a demonstration of hyperbole, when he said it was the worst case of "elder abuse" he'd ever seen.
Now Brown has moved on to the City of Bell, a hot spot of corruption, currying favor with such publications as the Sacramento Bee and the LA Times.
It's the game of election politics, aided and abetted by the media.
I disagree totally
One of the main reasons I felt that our candidates needed a forum they could use to spell out to the public what they "stand for" is that they could easily be dismissed by a bias media.
Newspapers have no legal standard as far as having to print both sides of the issue or even all the candidates' platforms. Television and radio have a different set of rules via the FCC.
I could do whatever I want to, but what I want is reform of the election process. I'm tired of the commercials, the misstatements, the lack of focus on the qualifications for the job, the money changing hands and I decided that I could create something where our local candidates could express and educate without all the static.
I have a higher and grander standard of principle than George Washington. He could not lie; I can, but I won't.
Mark Twain
Comment on the candidate statements
I just want to say that I'm impressed by all of the statements as these daring people appear both willing and able to help our district not only survive, but make progress.
What I noticed is that each person took their time to answer to the public in an intelligent, concerned and sincere manner. Nobody senselessly slammed anyone else, they are obviously looking for the answers to help their community.
They are simply using this forum to disseminate their own message to the voters.
With six solid candidates this will be a difficult decision to decide on only two (I would like to grab them all and take them to the hospital to problem solve and plan for the future) but voters will have the opportunity to read and re-read each participants platform prior to the election to aid in a tough choice.
Regardless of the outcome, who wins, I suspect we will continue to see the others involved in some way to support change for the better at KVHD.
The second thing that impressed me was that everyone was willing to address some very difficult issues, which shows courage as well as confidence.
There are serious problems with the hospital, financially, their ability to provide more varied and needed services, a numerous amount of lawsuits, criminal charges, a 24 year old debt with the state office Cal Mtg., as well as many other issues which could lead to a dead end road if not addressed relatively soon.
What I'm not seeing is a "political" focus, but a community concerned about it's future. How refreshing. Wouldn't it be nice if we could somehow convince the entrenched government to follow suit and not spend half their elected life on the campaign trail?
So, right off the bat, I say thank you to all for even considering this difficult challenge of being elected to an ailing hospital board, but we all appreciate your courage for taking a stand regarding what you believe.
To avoid criticism do nothing, say nothing, be nothing.
Elbert Hubbard (1856 - 1915)
VOTE!
You can obtain registration forms at the Kern County Elections office in Bakersfield, the library, fire stations and post offices. But with technology comes the ability to register and vote on line. You may also change your address or other information via the elections website. For more information go online to: http://elections.co.kern.ca.us/Elections/
Or call Kern Co. Elections at 661-868-3590
(See candidate statements: Tom Bostick, Kathryn Knight, David Derr, John Blythe, Saul McGarity, and Dr. Wesley Thomas following this post...)
Kern Valley Healthcare district board candidate: TOM BOSTICK
Election 2010: Kern Valley Healthcare Board of Directors candidate Tom Bostick
Tom Bostick
Tom Bostick Answers to questions
1. Where do you see the hospital in ten years? Twenty years?
In ten years, it is my hope that the hospital will be more financially stable, supporting itself, with higher quality facilities to include a larger ER and retrofitted buildings, meeting or exceeding the current standards.
In twenty years, I would like to see the hospital surpass the communities expectations of high quality healthcare in all departments to include, ER, Inpatient, Skilled nursing facility, surgery and specialties (cardiology, GI, etc). Our community continues to grow, and our hospital must grow with it. Our hospital needs to be profitable and sustainable for the benefit of the community.
2. The hospital is a "public healthcare district;" how would you define that to this community?
A “public healthcare district” is a political subdivision created by voters, governed by Boards of directors or managers, elected by the public, authorized to operate public healthcare facilities and provide medical care to needy people.
3. Please finish this sentence..."the job of a KVHD board member is...?
My job as a KVHD board member is to represent the community, ensure that the hospital meets the needs of the community. I also believe it would be a benefit to the hospital and community if administrators of KVHD were more aggressively evaluated by the board annually.
4. How much time can you devote to this endeavor if you are elected?
I can devote unlimited time to this endeavor, if I get elected. I currently work per diem at Kern Valley hospital as a telemetry and ER technician, and am fully prepared to step down in those positions in order to make positive changes and more of a difference at KVHD as a board member.
*Candidate statement:
I have been raised in the Kern valley since 1989. Right out of high school I became an EMT, getting hired at KVHD and later at Care ambulance. I have served our community since 1998 either at the hospital or in the private ambulance business. I believe my work history gives me a unique insight in the operation of the hospital and current problems at KVHD. My experience in customer service and healthcare has given me a strong foundation and prepared me for challenges I will face as a board member. I have heard the complaints of citizens of the community throughout the years about our hospital, and I am eager to be elected and get to work improving our hospital.
In ten years, it is my hope that the hospital will be more financially stable, supporting itself, with higher quality facilities to include a larger ER and retrofitted buildings, meeting or exceeding the current standards.
In twenty years, I would like to see the hospital surpass the communities expectations of high quality healthcare in all departments to include, ER, Inpatient, Skilled nursing facility, surgery and specialties (cardiology, GI, etc). Our community continues to grow, and our hospital must grow with it. Our hospital needs to be profitable and sustainable for the benefit of the community.
2. The hospital is a "public healthcare district;" how would you define that to this community?
A “public healthcare district” is a political subdivision created by voters, governed by Boards of directors or managers, elected by the public, authorized to operate public healthcare facilities and provide medical care to needy people.
3. Please finish this sentence..."the job of a KVHD board member is...?
My job as a KVHD board member is to represent the community, ensure that the hospital meets the needs of the community. I also believe it would be a benefit to the hospital and community if administrators of KVHD were more aggressively evaluated by the board annually.
4. How much time can you devote to this endeavor if you are elected?
I can devote unlimited time to this endeavor, if I get elected. I currently work per diem at Kern Valley hospital as a telemetry and ER technician, and am fully prepared to step down in those positions in order to make positive changes and more of a difference at KVHD as a board member.
*Candidate statement:
I have been raised in the Kern valley since 1989. Right out of high school I became an EMT, getting hired at KVHD and later at Care ambulance. I have served our community since 1998 either at the hospital or in the private ambulance business. I believe my work history gives me a unique insight in the operation of the hospital and current problems at KVHD. My experience in customer service and healthcare has given me a strong foundation and prepared me for challenges I will face as a board member. I have heard the complaints of citizens of the community throughout the years about our hospital, and I am eager to be elected and get to work improving our hospital.
Tom Bostick can be reached at tdb_196@hotmail.com
Kern Valley Healthcare District Board candidate: KATHRYN KNIGHT
Election 2010 Kern Valley Healthcare District board of Directors candidate Kathryn Knight
Kathryn Knight
Answers to Questions:
1. Where do you see the hospital 10 years from now? 20 years?
KVHD is facing unprecedented challenges. Declining economies, increasing levels of uninsured patients, meeting safety and quality requirements, and physician shortages are some of the subjects on our district board agendas. AND, THE BIIGGEST CHALLENGE, CAL - MORTGAGE, our LARGEST CREDITOR, has cost the District Millions of Dollars throughout the last 20 years with their ability to REFINANCE THE LONG-TERM DEBT, GUARANTEE MILLIONS OF DOLLARS IN BORROWINGS, GUARANTEE LINES OF CREDIT, INSIST THAT WE HIRE CONSULTANTS TO FIND INNOVATIVE WAYS TO PAY THAT DEBT ------------ THAT CAL-MORTGAGE KNOWS THAT WE CANNOT POSSIBLY PAY BACK ------ This, to me, as a Board Member, is fiduciary IRRESPONSIBILITY. I have preached the alternatatve to the Board for four years. They WILL NOT LISTEN! The only way out, as I see it, and I can provide all the documentation, IS TO GET RID OF THIS DEBT!!!!! I believe, very honestly, that this is the only alternative to our financial situation. Within a couple years, of struggling (that we already do, for heavens sake) we will be VIABLE and OUT OF THE WATER THAT CONTINUES TO SINK US!!!!!
Creative solutions can be found when sought. Throughout the last four years, I have been preaching an alternative solution to our healthcare district woes, financially, and the administration and board members have chosen to ignore the possible solution to this very problem.
I think NEGOTIATION - with Cal-Mortgage is our only answer to our viability ten, twenty years from now. We need to bring a STRONG TEAM of experts in to work for us. I know who they could be -- and I have suggested that we contact them as of last April. The Board and Administration sees fit to ask our taxpayers to pay this ----- I will agree with whatever the voters want. That is my job. But, the taxpayers need to stay focused and informed.
A workable strategic Plan should be in place to conquer the issues that we face. By 2020, our turnaround assessment should have been strategically implemented, finances improved, debt service covered or erased, and a new Emergency Room and Radiology Lab in place.
By 2030, I see a new Acute Care Wing, Ancillary Services in place, functioning, and providing the services we desperately await.
I see myself as a resident in our Skilled Nursing Facility in the year 2030. I have hopes that the healthcare needs of my generation will be comfortably met -- partly because I was part of the SOLUTION!!!!!
2. The hospital is a "public healthcare district", how would you define that to the community"
The healthcare district, like the school districts, or water districts, or cemetery districts, are owned by the public, and by the District that they serve. Our KVHD is run by a five-member board of directors, who represent the District. Per the Brown Act, established in 1951, to initiate a new "open meeting law", that business will be done in PUBLIC.
At any open meeting, the public has the opportunity to comment on items not on the agenda, but with the jurisdiction of the Board. Items already ON THE AGENDA, may be addressed at the time they come up for discussion.
3. The job of a KVHD Board Member is.................
First of all, I love this job. I've been effective as a Chairwoman, and as an advocate for employees and for community residents.
Of utmost importance is the board member's desire to be effective. Effective KVHD Leadership requires an understanding of the scope of the limits of board members' powers, influence, and responsibilities.
In order to maximize the effectiveness to the District, a Board Member needs to maximize his/her own effectiveness on the Board. He/She needs to think strategically, embrace the BIG PICTURE of the future of the District, and in doing so, enriches his/her own life by acquiring knowledge and wisdom.........but leading with the heart.
In the planning process, the quality of the final strategic plan is the Board's primary responsibility.
4. How much time can you devote to this endeavor if you are elected?
I find this job, to be fulfilling, worthwhile, and challenging. I hope that I will be be re-elected.
Since I have spent almost four years on the Board of Trustees, the time I have spent in actual work-hours, Committee preparation, Board-meeting preparation, and the time devoted to thinking through each issue as it arises, is equal to 24 hours a day, 7 days a week. The Board Roles and Responsibilities require a definite time commitment. The planning process, when properly done, is the heart of effective governance and leadership, serving as the basis for management to successfully carry out the mission of the organization.
The time I spend, in addition to attending Board-related meetings, has required me to continuously be aware of my fiduciary responsibility to the District, think strategically all day in the best interest of the District, and maximize my own effectiveness, on this Board in order to contribute to the long term success of the District. Effective oversight of the management staff that provided direction without interfering with operational decision-making will produce benefits to the community served by the district. These are serious matters of public trust, and these responsibilities can be fulfilled most effectively through a strong commitment to spending adequate time to this endeavor.
Candidate statement:
My name is Kathryn Knight and I am running for my second term as Director of the Kern Valley Healthcare District.
In the four years I have served on the KVHD Board of Directors, I was able to accomplish positive changes beneficial to the community and to the healthcare district. During that time, I channeled employee and community concerns through the proper chain of command that brought about effective changes that are still in place today.
I listen energetically to employees, staff, and fellow board members with open mind, and strive to make the wisest decisions in the best interest of the healthcare district.
I listen intently to community members with sincerity, honesty, and integrity. I am accessible and transparent in the Kern River Valley.
I have served on the Board Personnel/Policy Committee for four years. I have grown to understand the problems that we faced in 2006, and eagerly worked to resolve those issues with strength, wisdom, and character. I have worked, and fought, diligently, to formulate and preserve district-wide Policy and Procedures that are in compliance with State regulations. Our Board P & P meetings some days last a seven to eight hour day, just to effect the necessary changes that must, strictly, occur. Some of our policies were fifteen, twenty years old, and were never evaluated for update. The Policy Manuals for each department are close to being completed. It has been a huge task, but one worth all the effort initiated. Employee concerns, I have brought before the Committee, and resolution has occurred in a timely manner, in most instances.
I have served on the Board Finance Committee for the past four years. I have asked a lot of questions, received a lot of answers, but the "solutions" are not always a result of the questions or answers! I understand Medicare and Medi-Cal reimbursement methods and depreciation costs and reimbursement. I read thoroughly the financial statements each month and have prepared questions ready at Finance Committee meetings.
I have attended the Association of California Healthcare District's Annual Meetings and Board Governance Seminars. The association is a group of 74 California rural healthcare districts, that provide legislative strategies for the benefit of districts, provide educational seminars and workshops to educate board members, CEO's, CFO's, and promote changes at the State level to effect the proper changes to impact the future of all of our districts.
I actively support all KVHD functions. I serve on the Board of the Kern Valley Hospital Foundation. I have financially supported the ECHO Health Academy since it began in 1998, as well as all Hospital Foundation activitites. I have supported the Youth 2000 program since its inception.
My goals for the next four years will be to propose that the Board build a Strategic Plan that will promote financial growth and quality healthcare to all areas of the hospital, SNF, ancillary services, and to the community.
The Board has many unanswered questions right now. There are no easy answers and I would llike to be part of the newly elected team to address the issues so important to us, to obtain further insight, and bring solution to the problems that we continue to experience.
Serving on the KVHD Board is challenging at times, BUT I WILL NEVER GIVE UP!!!
Please vote for KATHRYN KNIGHT on November 2nd, for KVHD Board of Directors.
Thank you.
Kathryn Knight
You may contact Kathryn Knight at 760-379-2677 or Robert.Knight210@verizon.net
Kern Valley Healthcare District board candidate: DAVID DERR
Election 2010: Kern Valley Healthcare District Board of Directors candidate David Derr...
David W. Derr
I’m David W. Derr and I’m running for Kern Valley Hospital District Board. My wife, Dawn and I have raised five children. We live in Kernville. I’ve been a valley resident for over 30 years.
I believe in giving back to the community, and society, as I’ve been given so much.
I had the privilege of serving the citizens of Kern County and the Kern River Valley as a Kern County Firefighter for almost 30 years.
My involvement in the community and volunteerism has included many things. I coached teams and umpired for Kern Valley Little league for many years and served as head umpire and board member for two years.
I served on the Kern High School District Parent Advisory Committee at the district level for two years. I had the honor of travelling to New Orleans three times with volunteer teams to help rebuild homes and lives devastated by Hurricane Katrina, twice as Team Leader. I am currently registered as a team leader with UMVIM, (United Methodist Volunteers in Mission). We raised over $28,000.00 locally to fund those teams. I was honored and felt great pride in the generous charity this valley demonstrated in giving to help our fellow Americans half way across the country.
I am part of and have been involved with the Compassion Caravan since its beginning. Caravan collects and distributes food to all three of our local food banks and is now partnering with Rotary to continue this good work.
I currently serve as an active board member of KRVR, (Kern River Valley Revitalization). I also serve as a convener on the Sierra Nevada Geotourism Council in partnership with the Sierra Nevada Business Council, National Geographic and the Sierra Nevada Conservancy.
My mother, Barbara served at the hospital as a critical care, and coronary care nurse, and as a department head for many years. My oldest child was born there. I care deeply about the success of our hospital.
I’ve been attending Hospital Board meetings now for the better part of a year, and feel I have a good base of knowledge to begin serving as a board member. I know how to identify a common goal and work with others towards achieving that goal.
Answers to questions
David W. Derr
I’m David W. Derr and I’m running for Kern Valley Hospital District Board. My wife, Dawn and I have raised five children. We live in Kernville. I’ve been a valley resident for over 30 years.
I believe in giving back to the community, and society, as I’ve been given so much.
I had the privilege of serving the citizens of Kern County and the Kern River Valley as a Kern County Firefighter for almost 30 years.
My involvement in the community and volunteerism has included many things. I coached teams and umpired for Kern Valley Little league for many years and served as head umpire and board member for two years.
I served on the Kern High School District Parent Advisory Committee at the district level for two years. I had the honor of travelling to New Orleans three times with volunteer teams to help rebuild homes and lives devastated by Hurricane Katrina, twice as Team Leader. I am currently registered as a team leader with UMVIM, (United Methodist Volunteers in Mission). We raised over $28,000.00 locally to fund those teams. I was honored and felt great pride in the generous charity this valley demonstrated in giving to help our fellow Americans half way across the country.
I am part of and have been involved with the Compassion Caravan since its beginning. Caravan collects and distributes food to all three of our local food banks and is now partnering with Rotary to continue this good work.
I currently serve as an active board member of KRVR, (Kern River Valley Revitalization). I also serve as a convener on the Sierra Nevada Geotourism Council in partnership with the Sierra Nevada Business Council, National Geographic and the Sierra Nevada Conservancy.
My mother, Barbara served at the hospital as a critical care, and coronary care nurse, and as a department head for many years. My oldest child was born there. I care deeply about the success of our hospital.
I’ve been attending Hospital Board meetings now for the better part of a year, and feel I have a good base of knowledge to begin serving as a board member. I know how to identify a common goal and work with others towards achieving that goal.
Answers to questions
Where do you see the hospital in 10, 20 years?
1. Where I see our hospital in ten or twenty years depends greatly on whether we can pass a decent funding bond. I’d like to see it is as a hospital that can grow with the needs of the population in the valley. I’d like it to have the financial breathing room to become a hospital that can fulfill more and more of those needs, and less just a “stage stop” that sends people to far away hospitals for treatment. The expansion and improvement of the E.R. is of critical importance and long overdue. I have done CPR in the current emergency room more times than I can count. I’ve worked with staff on full arrests, standing next to a curtain, inches away that had a six year old girl on the other side, needing a stitch or two on her knee who witnessed everything that was going on. How about the victim of sexual assault, who’s gone through something more horrible than I can imagine, not even having the small dignity of privacy in the current E.R. I do not believe valley residents realize how very little in taxes they pay now for this public hospital.
1. Where I see our hospital in ten or twenty years depends greatly on whether we can pass a decent funding bond. I’d like to see it is as a hospital that can grow with the needs of the population in the valley. I’d like it to have the financial breathing room to become a hospital that can fulfill more and more of those needs, and less just a “stage stop” that sends people to far away hospitals for treatment. The expansion and improvement of the E.R. is of critical importance and long overdue. I have done CPR in the current emergency room more times than I can count. I’ve worked with staff on full arrests, standing next to a curtain, inches away that had a six year old girl on the other side, needing a stitch or two on her knee who witnessed everything that was going on. How about the victim of sexual assault, who’s gone through something more horrible than I can imagine, not even having the small dignity of privacy in the current E.R. I do not believe valley residents realize how very little in taxes they pay now for this public hospital.
The hospital is a public healthcare district, how would you define that to the community?
2. I see it, a “Public Healthcare District” the same way I see our
sheriff’s department, our fire department, our schools, our libraries, and many other public institutions. I see them all as vital to the cohesiveness, success, and most importantly, improvement of our community, and improvement of life in our community. I believe that if our public institutions fail, our communities will die.
Finish this sentence, “the job of a KVHD board member is...”
2. I see it, a “Public Healthcare District” the same way I see our
sheriff’s department, our fire department, our schools, our libraries, and many other public institutions. I see them all as vital to the cohesiveness, success, and most importantly, improvement of our community, and improvement of life in our community. I believe that if our public institutions fail, our communities will die.
Finish this sentence, “the job of a KVHD board member is...”
3. I do not see a board member as having a “job” to do. I see it more as
holding a position of public trust. A board member is trusted and has
the responsibility of working together with the public, other board
members, and administration to insure the success and improvement
of the hospital and its services to the public. As a board member, I’d
see myself as I did when I was a firefighter, honored with that public trust,
holding a position of public trust. A board member is trusted and has
the responsibility of working together with the public, other board
members, and administration to insure the success and improvement
of the hospital and its services to the public. As a board member, I’d
see myself as I did when I was a firefighter, honored with that public trust,
and holding a responsibility to be an advocate for the hospital.
How much time can you devote to this endeavor if elected?
4. As much as time as is called for. I have the great privilege of retirement after serving the public for almost 30 years. I have the time.
David Derr can be contacted via email at dwderr@hotmail.com
Kern Valley Healthcare District Board candidate: SAUL MCGARITY
Election 2010: Kern Valley Healthcare district board of Directors candidate Saul McGarity
I am the President of the Friends of the Hatchery, Docent at the Kernville museum and a member of the Douglas El Segundo Rod & Gun Club.
I look forward to being a Board Trustee and working together with the Board as a benefit to the constituency of the Kern Valley. To resolve problems and to maintain a fiduciary responsibility of the constituent’s taxes that goes to the Kern Valley Healthcare District.
Real Leaders do not spend time assigning blame or fault. I look forward to solving problems and stop lamenting over past or perceived errors. We must stop looking at the past and look forward for the constituents that we have the privilege of serving.
The only reason for placing blame is to know the source of the problem and make sure it never happens again.
Answers to Questions
1. Where do you see the Hospital 10 years from now? 20 years?
I don’t know how to answer this question because we have a Bond issue on the ballot. We don’t know if it will pass and if it doesn’t what the backup plan is because we will have two new members on the Board. I believe after the November election will be the time to project where the hospital will be in the future.
2. The hospital is a “public healthcare district”, how would you define that to the community”
First let me state that the hospital is open to the public and can be used by the public however, this hospital belongs to the constituents of the Kern River Valley. This is their hospital and therefore the board answers to the constituents and has a responsibility to assure the CEO, Doctors and employees are giving the best care in the safest environment for each patient as if they were their family.
3. Finish this sentence, the job of a KVHD Board Member...
Is to work with the CEO, to ensure that the hospital and healthcare fiduciary obligations are met. I want to assure patients are receiving the health care they deserve and the hospital is solvent to meet the needs of the constituents that are the true owners of the hospital.
4. How much time can you devote to this endeavor if you are elected?
Saul McGarity
Candidate Statement
I am retired after thirty years in the Labor Relations field where I worked in the following industries: Health Care, Paper, Cement, Oil and Mining. I was an advocate in Arbitration and Negotiations where my specialty was resolving problems.
I am retired after thirty years in the Labor Relations field where I worked in the following industries: Health Care, Paper, Cement, Oil and Mining. I was an advocate in Arbitration and Negotiations where my specialty was resolving problems.
I am the President of the Friends of the Hatchery, Docent at the Kernville museum and a member of the Douglas El Segundo Rod & Gun Club.
I look forward to being a Board Trustee and working together with the Board as a benefit to the constituency of the Kern Valley. To resolve problems and to maintain a fiduciary responsibility of the constituent’s taxes that goes to the Kern Valley Healthcare District.
Real Leaders do not spend time assigning blame or fault. I look forward to solving problems and stop lamenting over past or perceived errors. We must stop looking at the past and look forward for the constituents that we have the privilege of serving.
The only reason for placing blame is to know the source of the problem and make sure it never happens again.
Answers to Questions
1. Where do you see the Hospital 10 years from now? 20 years?
I don’t know how to answer this question because we have a Bond issue on the ballot. We don’t know if it will pass and if it doesn’t what the backup plan is because we will have two new members on the Board. I believe after the November election will be the time to project where the hospital will be in the future.
2. The hospital is a “public healthcare district”, how would you define that to the community”
First let me state that the hospital is open to the public and can be used by the public however, this hospital belongs to the constituents of the Kern River Valley. This is their hospital and therefore the board answers to the constituents and has a responsibility to assure the CEO, Doctors and employees are giving the best care in the safest environment for each patient as if they were their family.
3. Finish this sentence, the job of a KVHD Board Member...
Is to work with the CEO, to ensure that the hospital and healthcare fiduciary obligations are met. I want to assure patients are receiving the health care they deserve and the hospital is solvent to meet the needs of the constituents that are the true owners of the hospital.
4. How much time can you devote to this endeavor if you are elected?
I would like to state that my past work experience has given me the knowledge to resolve problems and the responsibility to help maintain the tax money in KVHD to meet obligations that will make it stable. Since I am retired, I will spend as much time as is necessary on the KVHD Board for the constituents of the Kern River valley.
Saul McGarity may be reached at mountaingrandpa@mchsi.com
Saul McGarity may be reached at mountaingrandpa@mchsi.com
Kern Valley Healthcare District board candidate: JOHN BLYTHE
Election 2010: Kern Valley Healthcare District Board of Directors candidate John Blythe
John Blythe
Occupation: Motion Picture Producer
Education: AA Liberal Arts – Cerro Coso College;
Entertainment Business Management – University of California Los Angeles (UCLA)
Experience: I have had five years experiencing working in the field of film production. A majority of this experience has been in managing the business/legal affairs on independently financed films in the United States and Canada. I’ve also managed and operated my family’s lodging and restaurant business in Lake Isabella for many years, and sat on the Board of Directors for various community organizations and 501 c3 non-profit organizations. I have attended a majority of Kern Valley Healthcare District Board meetings since 2005.
1. Where do you see the hospital in ten years? Twenty years?
If I am elected, I would like to see the district's indebtedness to the bondholders insured by Cal-Mortgage at least 50% reduced by the end of my first term (four years) as Board Member. Over the course of the next four to six years, I would like to see the remaining portion of the debt, either refinanced or continued to be paid off in a manner in which the district can continue to sustain itself on the bottom line of its balance sheet.
During this period, I would like to see upgrades done to our current facility such as our ER, Acute Care Wing and Radiology Department. KVHD is a small hospital, but since the current facility meets current seismic upgrades, it seems more logical to salvage these areas through additional improvements.
Eventually by the year 2030, KVHD will have to be in full compliance of the seismic requirements of SB 1953, so I think during the course of the next twenty years when the current facility is debt free and sustains profitability and net worth, we could use money and/or a more specific GOB that can build a new KVHD related in conjunction with the current facility, that can be used not only as an additional ER, but also the possibility of being used for burn care services, additional surgical operations, etc. A new facility over the course of the next twenty years, with new services, would increase volume and bring new medical staff to our valley.
2. The hospital is a "public healthcare district;" how would you define that to this community?
I think politicians seem to loose touch with relaity. We hear constantly politicians saying "this is what I will do.... this is how I will solve this problem..." When is the last time anyone in the public ever heard a decent response from their elected public officials from the local, county, state or federal level to solve problems?
They carry around this propaganda of "I will fight for you!" when in fact it is exactly the opposite. As a candidate running to become an elected public official, it is the fudiciary duty and responsibility of this individual to listen to the public. Instead of spewing this political campaign message, the candidate for office should be saying "I work for you, what do you want me to do to solve problems...?"
I think too many times in the past, we've seen this at KVHD as well. There were many people in this community that had high hopes for the new board that took over in 2008, and since then, it seems the community feels let down. So I would encourage members of the community to attend monthly board meetings and committee meetings, ask questions and comments and demand answers of both the Board and the Executive Administration.
Community members and hospital employees should not feel intimidated or feared to voice their concern or opinion of our hospital. Many times in the past, hospital staff came forward demanding answers of the Board, and at times certain members were ignorant or simply did not care to provide oversight of the Hospital's Administration to complete a thorough investigation. The action of past board members played an instrumental part in the disaster that occurred in the Skilled Nursing Facility in 2007, resulting in the death of three patients, endless continuing litigation and the indictments of four employees including KVHD's former CEO.
I will ask the public that at any time they feel the Board is not performing its job or function to be knowledgeable in the hospital's operational status, they should ask the board to step down. To quote former KVHD Board Chairman Bob Bibby "if you can't stand the heat, then get out and don't let the door hit you as you leave!"
3. Please finish this sentence..."the job of a KVHD board member is...?
The Job of the KVHD Board is to govern, protect and establish policies for the healthcare district, and to ensure the CEO is to carry out those policies efficiently and effectively. This has certainly not always been the case since I started attending board meetings in 2005. The Board must be well aware of the operations of the healthcare district as mandated by district law. They have every right to be approachable by staff and by the community to address areas of concern, and to see that the Administration acts on those concerns promptly.
4. How much time can you devote to this endeavor if you are elected?
I will devote how ever much time it takes. After attending meetings for nearly five years, and being a key witness into everything that has gone on inside and outside KVHD, I am ready to get my feet wet and step into the water that KVHD has been sinking into for so many years and pull the district out the troubled waters.
There's no doubt that district hospitals nationwide suffer hardships and experience operational issues from State budget cuts, to Medicare/Medi-Cal reimbursement problems, staffing issues, etc., but I firmly believe that the district is in a position right now to finally tackle the problems it needs to solve, one of the key issues is the debt, which is why the district has been sinking for so many years. That is the area I'd like to focus on in the first two years of my term if I am elected, and I want to devote a majority of my time addressing that issue in particular.
Candidate Statement:
I am currently running for a seat on the Kern Valley Healthcare District Board of Directors. My professional experience has been in working in motion picture production. A majority of this experience has been managing business facets on independently financed films in the United States and Canada as Production Manager and Executive Producer. I am President of Film Regions International, Inc., a Los Angeles based small independent production company that I run with three other associates for the purpose of producing feature length motion pictures to be showcased and marketed to international distributors and film festivals.
Additionally, I have worked as General/Operating Manager of Paradise Cove Enterprises, which was started by my grandparents, Bo and Margaret Williams, and my mother Pam, is the current owner. My father Jack, who passed away in 2005 was the former owner/operator of the Lake Isabella Ice Company.
I have been active over the years in a number of organizations, including 501 (c) 3 non-profits: I am a member of the fraternal community-service organization National Exchange Club, Kern Valley Exchange Club, and served on the board of directors from 2008-2009; I also served on the boards for both Kern River Valley Revitalization, Inc. (KRVR) (2007-2008) and the Kern Valley Youth Center (2008-2009). I am a 2004 graduate of Kern Valley High School; I received an Associates Degree from Cerro Coso College and continued with my major in Entertainment Business Management at UCLA.
This will be my third time running in the election for a seat on the Kern Valley Healthcare District board, and like most of my fellow candidates, I share the specific concern about quality patient care and keeping the hospital in the community.
I began attending board meetings nearly five years ago, and ran for a seat in the 2006 election. When I first decided to run that year, I immediately felt the district had a pretty poor image, and this has continued to escalate since then. I have actively kept up with reading the monthly financial statements, attended a majority of board meetings since 2006, and have witnessed much tension and drama over these years. I re-ran for the board in 2008, and received good support from the community, but still did not get elected.
My expressed concern has been in the following areas that I have identified at KVHD:
1. The $12 million debt, which stems from the original 1986 Revenue Bonds for the construction of the hospital’s original intended plan of a 150 unit skilled nursing facility, which were insured by the State of California's Office of Statewide Health Planning and Development’s division, Cal-Mortgage. During the construction phase, the first bond payment had come due, and the district went into default. Cal-Mortgage’s objective at that time was to issue additional Revenue Bonds (specifically amounting to $22 million) as a way to defuse the original bond of only $12 million. The problem was due to the Seismic Safety requirements imposed by the State of California in 1989, the skilled nursing facility’s 150 unit construction project was scaled back to only accommodate the present 74 units, however the district was faced with the issue of dealing with the larger revenue bond obligations.
In short, the district received a much smaller facility for twice the cost, and stuck with a larger debt that simply contradicted the original financial projections of the 150 unit facility to pay it off. This indebtedness has been a major catastrophe from preventing this hospital from becoming financially profitable, and moving forward into a position were it can sustain itself with out a heavy burden in terms of reduction in its liabilities.
Since 1992, Cal Mortgage, exercising its right under the regulatory agreement, has imposed several hospital management firms, including Delta One Healthcare Group (1990-1995), and Brim Healthcare (2000-2003), with the objective to refinance the bonds, and regulate the Board into hiring CEO's that are paid executive salaries, and some have been unqualified to run the hospital and do not contribute to the economy of the valley.
In June of this year, when the District received another default notice from Cal-Mortgage, the district contracted with HFS Healthcare Consultants out of Santa Ana, Calif. This is a very interesting pattern that just about every ten years this District's bond payments go into default, and consulting firms are brought in by Cal-Mortgage. On the other hand, over the last fifteen years, the District has consulted with outside firms that were not imposed by Cal-Mortgage, including McBee and Associates (1996-1998), as well as other outside consultants and legal firms, who have indicated the inability of the district to pay off this long-term debt, and have advocated debt reorganization, or at least negotiate with Cal-Mortgage through a California Superior Court to reduce this debt by 50%, and refinance the remaining debt which would substantially improve the district's bottom line on its balance sheet.
The hospital may report a net profit from time to time, but by simply subtracting the hospital’s present assets by its liabilities on its balance sheet, this identifies its negative net worth. As of this fiscal year, the district now has $12 million existing in long term debt, which incidentally was the original amount of revenue bonds that were issued back in 1986.
2. SB 1953 -- Hospital Facilities Seismic Safety Act requirements. KVHD originally asked the community to support the Measure M general obligation bond in the November 7, 2006 election. At the time, I personally was in support of that bond issue, however I have since felt that the project was not feasibly studied. In saying this, the district asked for a $12.5 million general obligation bond to be passed to rebuild our emergency room and acute care wing, however it was later learned that some of the construction plans were not looked into thoroughly including the building site were the hospital’s leach lines are located. Had the bond measure passed, the district would have been asking the tax payers for more money to solve these problems.
There must be a strong strategic plan for any future building project for any potential bond measure that is put in place. Now, the district is asking the community for $22.7 million for basically the same project, but use part of this GOB to pay off the revenue bonds insured by Cal-Mortgage. In a way, this almost sounds like one of the recent ‘Government Bailouts’ we’ve seen, as to basically throw this on the backs of taxpayers to solve the problems that Cal-Mortgage initiated during the seismic requirements in 1990.
There is no question that this District deserves better, and major upgrades in terms of modern medical technology need to be here to meet the needs of the patients especially in the ER and radiology departments, however with the problems of today, this is not the right time to ask the community to pass this bond measure.
3. The major issues, which occurred in the hospital's skilled nursing facility in 2007. To be perfectly honest, each time I bring up the discussion of the California Department of Health Services (CDHS) investigating the Skilled Nursing Facility more than two years ago, I cannot help but feel somewhat sickened by the entire episode when elderly patients were neglected and forced to take medications which caused both injury and death to some of these patients. Why a previous administration allowed this to happen at all, and not take any responsibility remains a mystery. As a result of disastrous mismanagement by this previous administration, the State Attorney General filed charges for elder abuse leading to the indictments of the district's former CEO, an Emergency Room Doctor, a Director of Nursing and Pharmacist.
One board meeting I attended back in October 2006 when several hospital employees indicated problems in the Skilled Nursing Facility, as well as understaffing. Apparently, nothing was done to solve the problems, nor prevent them from escalating. As a result of the previous hospital administration’s actions, CDHS and Center of Medicaid Services imposed hefty penalties and the hospital had to pay over $2 million to Sycamore Asset Management to control the Skilled Nursing Facility for a year to get the issues resolved.
I strongly feel that if the board had chosen to exercise more oversight over the hospital administration at that time, and helped conduct an internal investigation of the hospital, this would have possibly prevented patients from being abused, neglected, over medicated and resulting in their deaths, and the district would not have several pending law-suits, and a deteriorating reputation as ABC World News exploited last year.
If I am elected, I would like to strongly enforce the board's position and power to handle critical issues such as this, and open more transparency with both the hospital employees and the community.
In addition to my diverse board experience for many organizations in the valley, I feel that my knowledge and experience in the business environment both in my family's business and working in the business and legal end on film productions, enables me to understand the operations of Kern Valley Healthcare District. I am able to understand and interpret financial statements including balance sheets and profit & loss statements, and also to choose fair and ethical decisions.
What the top priority is, however, is to give quality care to our patients and visitors of the Kern River Valley . If elected on November 2nd, I would also like to concentrate my efforts on the following goals:
• Current and future hospital administration and management must be held accountable for problems and issues that arise within the Kern Valley Healthcare District.
• The need to re-establish trust and transparency and the need to develop positive working relationships with the dedicated hospital staff and employees, as well as the community and organizations in the valley.
• Promoting the expansion of health services in our valley. This includes expanding the services of our surgical department, which loses hundreds of thousands of dollars a year due to understaffing and patients being transferred to Bakersfield or Ridgecrest.
• Retain employees that are residents of our valley, instead of the use of outside registry. KVHD is the largest employer in Lake Isabella, and recruitment of medical staff needs to be strongly endorsed.
• Reduction in the Healthcare District’s long term debt obligations. Specifically, I would like to see the district's debt largely reduced by the end of my first term, in which the district can be able to sustain and support itself.
• Recognize that the responsibility of the Kern Valley Healthcare District Board is to serve the public unselfishly. Simply put, the Kern Valley Healthcare District Board works for the taxpayers of the Kern River Valley.
I am dedicated to working with the hospital staff and employees and my fellow board members, to work on the future of our hospital, if I am elected. We cannot get all of the work done overnight and it will take the responsibility and commitment on all of our behalves to ensure that the Kern Valley Healthcare District remains in Lake Isabella. We continue to face hard challenges here in America, and KVHD is in a similar situation facing hardships. Simply put, KVHD needs to officially reposition itself transitionally and strategically to remain operational, and I believe by going through the aforementioned goals, KVHD can move forward in a positive direction.
Please vote for John Blythe for the Kern Valley Healthcare District Board; and follow me on my Facebook page: John Blythe for Kern Valley Hospital Board.
John R. Blythe President Film Regions International, Inc. (FRI)A California Corporation
P.O. Box 1336 Santa Monica, California 90406
Phone: (760) 223-6045
Email: john@filmregions.com
Kern Valley Healthcare District board candidate: DR. WESLEY THOMAS, Jr.
2010 Election: Kern Valley Healthcare District board of directors candidate Wesley Thomas
Dr. Wesley Thomas, Jr.
CANDIDATE STATEMENT
The KVHD motto is "We Care for You." If elected, I intend to focus on the word "Care" by expediting the filling of prescriptions, the time it takes to O.K. a prescription by the doctor, the waiting time for appointments as well as ending the elder abuse that had occurred at our local hospital. The bottom line is that we NEED accountability at all levels and a "checks and balances" in providing quality healthcare and safety for all patients.
Respectfully submitted, Dr. Wesley S. Thomas, Jr.
Answers to Questions
Where do you see the hospital 10 years from now? 20 years?
1. The key to future healthcare lies in sound information technology, and our healthcare must keep up with this digital age, by creating electronic prescription drug systems and centrally networked software systems, including employee performance appraisal software to name a few.
The hospital is a "public healthcare district", how would you define that to the community"
2. A public healthcare district is designed to protect and improve the health of the community through education, promotion of healthy lifestyles, and research for disease and injury prevention.
Finish this sentence, the job of a KVHD Board Member is...
3. The job of a KVHD Board Member is to be knowledgeable about and willing to become educated about hospital and healthcare matters. The Board Member must possess the skills and education to "completely" consider the issues at hand that fall within the jurisdiction of the Board and meet such other qualifications that are established by the KVHD Board.
How much time can you devote to this endeavor if you are elected?
4. Since I am semi-retired, I could devote as much time to the KVHD Board as necessary.
Respectfully submitted, Dr. Wesley S. Thomas, Jr.
Dr. Thomas may be reached at jst4jenna@hotmail.com
Sunday, September 19, 2010
Kern Valley Healthcare District Board of Directors candidate forum: coming this week
There are currently two board seats open at the Kern Valley Healthcare District which will be filled by two of the six candidates running for the position in the November 2, 2010 election.
I have made contact with five of the six candidates, and have offered them a separate post with their "candidate statement," a photograph, and four interview questions.
The community needs to get "all" the information necessary to make their decision, so the candidates will make their statements, unedited, and in their own words.
They will all also have four questions, the same questions, and their answers will appear verbatim. I will not comment, I am just providing a venue for their statements so we can all learn about them and offer them the chance to get their "own" message out there.
Currently, I am awaiting a response from the final candidate, so that I can post their information all at once. I'm going to hold off a day and allow all to gather their materials, photographs, but expect this to be up on Thursday, Sept. 23.
And I will be making a weekly rebuttal to the Kern Valley Sun "question and answer" forum with the hospital administrators beginning tomorrow.
I have made contact with five of the six candidates, and have offered them a separate post with their "candidate statement," a photograph, and four interview questions.
The community needs to get "all" the information necessary to make their decision, so the candidates will make their statements, unedited, and in their own words.
They will all also have four questions, the same questions, and their answers will appear verbatim. I will not comment, I am just providing a venue for their statements so we can all learn about them and offer them the chance to get their "own" message out there.
Currently, I am awaiting a response from the final candidate, so that I can post their information all at once. I'm going to hold off a day and allow all to gather their materials, photographs, but expect this to be up on Thursday, Sept. 23.
And I will be making a weekly rebuttal to the Kern Valley Sun "question and answer" forum with the hospital administrators beginning tomorrow.
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
See you October 15 as KVHD elder abuse defendants return to court: trial
The Kern Valley Healthcare District elder abuse update: Defendants back in court Oct. 15 for an arraignment in the elder abuse case from 2006 to 2007.
Oddly, two cases of abuse were in court this week as reported below, a nurse this past week, Monday, Aug. 23, was charged with a single count of felony elder abuse, and the other charges took place more than three years ago.
Currently, the court has ruled the enough evidence exists to bring about a trial in the Attorney General, Jerry Brown's elder abuse case against a nurse, doctor and CEO from the Kern Valley Healthcare District.
Pamela Ott, former KVHD CEO, Dr. Hoshang Pormir, and Nurse Gwen Hughes all appeared in court this week for the preliminary hearing. Attorney's for the defendants, Jim Faulkner, Bruce Blythe, both local Bakersfield criminal lawyers, and Donald Etra, the big gun, former attorney for Ralph Nader, stuck tightly together as Steve Muni of the AG office and investigator, Donny Fong, got ready to present their evidence.
Obviously, the Kern County judge found weight to the evidence, and after two and half days, it looks like a trial could be forthcoming.
Becca MacLaren, with Attorney General Brown's Press Office, still working on some details, offered a short quote regarding the status of the case.
"The major outcome of yesterday's preliminary hearing is that all three defendants were held to answer on all charged felony counts and enhancements. "Held to answer" means that the court found sufficient probable cause to proceed to trial. The next step is the arraignment, which will take place on Oct. 15 at the Kern County Superior Court."
More details to follow...
Kern Valley Sun Newspaper takes on alleged KVHD "choking incident"
Three news accounts: was the best "saved" for last?
Interestingly we have at least three different “news type outlets” who have covered the alleged “elder abuse” incident and yet it appears we have been given at least three creative accounts of the situation which occurred at the Kern Valley Healthcare District on Monday, Aug. 23.
As has been reported a Registered Nurse allegedly grabbed an eldery woman by the throat at the hospital. The Kern County Sheriff's have verified that an incident has been reported by KVHD to have occurred as red marks were noticed on the victim's neck and the nurse was arrested and has been released on bail.
After reading a comment on this blog it occurred to me that initial statements from the hospital were not as neatly tailored as what has appeared a week later in the Kern Valley Sun Newspaper (August 31 edition..today for now)
As the Sun only rises off the presses every Wednesday of the month here in “Hooville” sometimes called the Kern River Valley, they are ten days out since the original statements given or reported to the Bakersfield Californian Newspaper, which was obviously wearing its running shoes that day as they snatched up the first prize which is the first report.
This is actually a good thing as it will help me make a point here.
The first article or report of this alleged choking incident was published on Wednesday, August 25, two days after the incident which is supposed to have taken place on the 23rd.
The first article attempts to put together elder abuse charges and doesn’t contain any information about the location of the incident being inside the emergency room as opposed to the nursing center, the KV Sun reported, except to say the woman was treated there and it was reported to ER Director Dr. Sacapano.
But the quote from the KVHD CEO, Tim McGlew, according to the Californian article was “"We've never had any issues with him before," McGlew said of Gotico (the nurse charged). "This was so off the wall."
I wrote to see if the hospital had anymore to say and a more public relations response is now formed, three days from the incident in question.
When I got my response via email regarding the matter, again it doesn't clarify the location, but it does add more information: "Mr. Gotico has worked with the facility for some years as a traveling nurse. He was hired on as an employee about one month ago. He is a registered nurse. We had not experienced any behaviors of the kind demonstrated by this individual before Monday night. It was to all involved, a surprise. Where the Californian was not exactly accurate was in who reported the incident to the Sheriff’s Office. The House Supervisor, who witnessed the event, immediately told Dr. Sacapano (who was on duty that night), and he directed her to contact the Sheriff’s Office, which is our protocol. Dr. Sacapano then attended to the patient. Nursing Administration was then notified, and I was then called. The Board was then promptly notified of the incident. We reported the incident to the California Department of Public Health (CDPH), and have also notified the California Board of Registered Nursing."
Now, today, sleepless from a toothache and barking dogs, I read the Sun’s version, and I realize that things do change if you give it more than a week. "The Sun will come out tomorrow," sing along everyone...
The well worded article is not only a work of magical artistic manipulation, but it’s as if they know and nobody else does. “The Aug. 23 incident may bring to mind memories of reported past abuse of residents in the district’s Skilled Nursing Facility. Yet for all intents and purposes, that is where the similarities end.”
Interestingly we have at least three different “news type outlets” who have covered the alleged “elder abuse” incident and yet it appears we have been given at least three creative accounts of the situation which occurred at the Kern Valley Healthcare District on Monday, Aug. 23.
As has been reported a Registered Nurse allegedly grabbed an eldery woman by the throat at the hospital. The Kern County Sheriff's have verified that an incident has been reported by KVHD to have occurred as red marks were noticed on the victim's neck and the nurse was arrested and has been released on bail.
After reading a comment on this blog it occurred to me that initial statements from the hospital were not as neatly tailored as what has appeared a week later in the Kern Valley Sun Newspaper (August 31 edition..today for now)
As the Sun only rises off the presses every Wednesday of the month here in “Hooville” sometimes called the Kern River Valley, they are ten days out since the original statements given or reported to the Bakersfield Californian Newspaper, which was obviously wearing its running shoes that day as they snatched up the first prize which is the first report.
This is actually a good thing as it will help me make a point here.
The first article or report of this alleged choking incident was published on Wednesday, August 25, two days after the incident which is supposed to have taken place on the 23rd.
The first article attempts to put together elder abuse charges and doesn’t contain any information about the location of the incident being inside the emergency room as opposed to the nursing center, the KV Sun reported, except to say the woman was treated there and it was reported to ER Director Dr. Sacapano.
But the quote from the KVHD CEO, Tim McGlew, according to the Californian article was “"We've never had any issues with him before," McGlew said of Gotico (the nurse charged). "This was so off the wall."
I wrote to see if the hospital had anymore to say and a more public relations response is now formed, three days from the incident in question.
When I got my response via email regarding the matter, again it doesn't clarify the location, but it does add more information: "Mr. Gotico has worked with the facility for some years as a traveling nurse. He was hired on as an employee about one month ago. He is a registered nurse. We had not experienced any behaviors of the kind demonstrated by this individual before Monday night. It was to all involved, a surprise. Where the Californian was not exactly accurate was in who reported the incident to the Sheriff’s Office. The House Supervisor, who witnessed the event, immediately told Dr. Sacapano (who was on duty that night), and he directed her to contact the Sheriff’s Office, which is our protocol. Dr. Sacapano then attended to the patient. Nursing Administration was then notified, and I was then called. The Board was then promptly notified of the incident. We reported the incident to the California Department of Public Health (CDPH), and have also notified the California Board of Registered Nursing."
Now, today, sleepless from a toothache and barking dogs, I read the Sun’s version, and I realize that things do change if you give it more than a week. "The Sun will come out tomorrow," sing along everyone...
The well worded article is not only a work of magical artistic manipulation, but it’s as if they know and nobody else does. “The Aug. 23 incident may bring to mind memories of reported past abuse of residents in the district’s Skilled Nursing Facility. Yet for all intents and purposes, that is where the similarities end.”
(oh really?)
That statement basically says this was not 9/11 folks, it was an anomaly as we not only run a newspaper part time but we have people at the hospital 24 hours a day. (I do though) There could indeed be similarities as one of the characteristics of an event like this is the actual charge itself: Elder abuse.
Why it was not assault is a good question for all, but our fallen nurse has been released from jail, and well, we don’t have any records to verify anything yet. However, the Sun seems to know more about this than the rest of us.
Now, Dr. Pormir, former KVHD CEO, Pamela Ott, and former DON Gwen Hughes are all charged with the same citation...386 B and by the state of California, Attorney General's office.
In the case of the previous three it was death, not like the recent violent or choking incident, it could have been a murder charge. It looks like there are similarities in that the cases could have been, murder and assault.
Which charges elder abuse 386B or murder and assault carry the most penalties? (more on this topic soon as we get back to the elder abuse case now teetering on the brink of trial)
Here’s another good one: “Hospital staff and administration reacted swiftly and decisively to last week’s incident involving registered nurse Rene Gachon Gotico, 65, and an 79-year-old female patient.”
According to what person or persons is there a factual evidence of “swiftness?"
They have had time for lots of good damage control this past week though. I guess that’s why they held the story a week...(not that I know that or have factual evidence of “held the story,” as I wasn't there.)
The article goes on to say that McGlew, now able to give a graphic description of the night’s events, has the situation in the hands of the sheriff’s immediately. However, in my response from both the Sheriff’s report and the CEO, there was not as “swift” action as has been described in the most recent “Soap Opera Weekly” report.
Now, am I wrong, but isn’t there a restroom or a bed pan or a mobile toilet in most hospitals? However, the Sun articles alludes to there not being any sort of way to relieve yourself in the ER. I think it would be cheaper to buy port a potty’s than build a new restroom, and maybe safer, if that's the point to that statement.
There is also no other account in the Sun’s whole story but the new one from McGlew who was not even at the scene at the time of the incident.
Could have made a call and asked the Sheriff’s department for a couple of specifics in my opinion. Just so you could report that the Public Information Officer said the incident took place at 7 pm, and the call came in at 8:40 pm. Another comment on this blog, asks what was the delay? I highly doubt we will ever get a complete answer to that question. (By the way thank you for your comments you do make me think and it gives me ideas as to what the concerns are with the community so that I can attempt to address them.)
And the Sun reports that McGlew said the nephew of the victim is "pleased" with the response to the situation with his Aunt. Can we hear a statement from the family as to how THEY feel about this latest "surprise?"
In 2007, a woman whom I cannot identify, but hospital insiders know, her family was paid off in a well kept secret mediation to keep the short staffing, prescription changes, from reaching the public. A family member said they needed the money to bury their mother, but regretted taking the pay off.
I'm not saying that this nephew or any other family members are going to sue or ask for some reparations, they may simply be okay with a criminal trial. But knowing people don't particularly care for their eldery parents or grandparents being physically violated I'm going to have to wonder.
How they handle it is their business, and no judgment from this camp. I am simply making a potential, hypothetical, and rhetorical too, reference to what has been done in the past to keep these things outside the public's good eye.
Will this pleased person, with a perfectly profitable court case, just walk away? Well, let’s wait and see what the Sun has planned for their follow up. They obvioulsy have some sort of name?
We know there are four potential civil cases waiting in the wings at the healthcare district ready to be discussed with the board in a closed session tonight, so this could be another one to watch on the Kern County Superior Court website of entertainment. (that's the site that covers most of what KVHD does)
But there’s one woman attributed in the story who enjoyed and felt truly respected by this nurse suspected of assaulting an elderly woman: Lucille Barr. She was surprised, according to author of the article Susan Barr, as it always seems to be the quiet ones. (That would then exclude me wouldn’t it?)
So, if you’re ever bored, lonely, angry, dispeptic, have some insomnia, just read the three responses and stories, all easily available to you via the internet. KV Sun, Baker, blog title...right here in fact:
http://www.bakersfield.com/news/local/x464578841/Nurse-arrested-on-felony-elder-abuse-charge
http://kvsun.com/articles/2010/08/31/news/doc4c7d5bdb7c5b6778177381.txt
http://kernvalleyhospital.blogspot.com/2010/08/nurse-arrested-for-grabbing-79-year-old.html
Don’t forget the KVHD board of directors meeting tonight, Sept. 1 at 5:30 pm in the cafeteria. Bring your eggs, lettuce and tomatoes as some of these “events” turn out to be “Melodrama”-tic...
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