The new majority on the Tulare Local Healthcare District’s Board of Directors crossed off the first part of their to-do list tonight.
But hospital administrators state that the meeting wasn’t a meeting — just a gathering of two board members, and a “newly elected, not yet certified” board member.
Kevin Northcraft, Mike Jamaica, and Senovia Gutierrez called for and held a special board meeting on July 27.
“The road to accountability has begun,” the Citizens for Hospital Accountability page stated.
Those three were the only hospital officials present at the meeting, however. Dr. Benny Benzeevi, CEO of Healthcare Conglomerate Associates (HCCA), was absent; additionally, Bruce Greene, the hospital district’s lawyer at the beginning of the meeting, was also absent.
The trio’s fellow board members were absent, too. Northcraft stated that he had invited board members Linda Wilbourn and Richard Torrez, but received no response.
That’s likely because the hospital administration’s viewpoint is that Gutierrez isn’t officially a board member yet.
Checklist – Checked
All of the night’s motions were proposed by Northcraft, seconded by Gutierrez, and voted upon unanimously by the three board members.
The trio voted to rescind two recent resolutions that allowed HCCA to seek and execute loans on behalf of the district — one for approximately $79m, and another for $22m.
Northcraft stated after the meeting that the rescission didn’t mean the board wasn’t focused on funding the completion of the tower — just that it wanted to approve any funding methods before the papers are signed.
Northcraft also successfully moved to sever the hospital’s relationship with Bruce Greene and the BakerHostetler law firm, which currently represents both the hospital district and HCCA. The vote to do so received applause from the crowd.
“It delegates all authority for selecting and terminating legal counsel to HCCA, and I would recommend and so move that this new board rescind that resolution,” Northcraft stated.
Michael Lampe, a Visalia lawyer representing some members of Citizens for Hospital Accountability in two suits against the district, spoke in support of the board’s agenda item to discuss removing BakerHostetler, calling the firm a “cancer” on the hospital.
“I think that the most important thing that this board can do is get competent, independent legal counsel ASAP,” Lampe said, “and I applaud you for having that on your agenda.”
Northcraft stated that he had researched a replacement firm, McCormick Barstow LLP of Fresno, as at least an interim firm.
“Nothing against the three who spoke tonight, but I do believe that we need to employ an interim counsel immediately,” Northcraft said, “and I would recommend McCormick Barstow for that, and that is my motion.”
Additionally, the trio voted to:
- Terminate HCCA’s authorization to spend district money on private lawsuits, including a suit filed against Dr. Abraham Betre,
- Require HCCA to provide orientation to Gutierrez, to bring her up to speed on current projects, introducing them to staff, and touring facilities.
- Change the timing of all board meetings to 6:30pm at the Tulare City Council chambers, when available,
- Rescind the approval of revised minutes of the board’s January 27 meeting,
- Set a special board meeting for August 9 at the Tulare City Council chambers for 6:30pm.
But Benzeevi states that the meeting wasn’t legitimate.
“Theatrics and Meaningless Antics”
“People are free to meet at any time. However, the meeting that was attended tonight is not a legal Tulare Local Healthcare District board meeting and has no legal authority,” Benzeevi said in a statement to the Voice.
Benzeevi also stated that Gutierrez’ position was not yet certified, though the Tulare County Registrar of Voters has certified her election.
“All members of the board were advised of that by the District’s legal counsel. Unfortunately, we are continuing to see a calculated and deliberate effort to destroy our hospital. Those individuals, including the newly elected but not yet certified board member, would be much better served by spending their time educating themselves about actual hospital business instead of spending it on theatrics and meaningless antics,” Benzeevi’s statement continued.
Benzeevi also spoke to ABC30, a local broadcast station, regarding the recent uproar over the July 26 meeting.
“We’re serious people doing serious work; we need partners that are serious as well. So yes, this drama and trauma may be entertaining to some, but this is not a game, this is serious business,” Benzeevi told the station.
Reinforcing Legitimacy?
Dennis Mederos, attorney for Senovia Gutierrez, spoke first during the public comment section of the meeting, rebutting claims that the meeting was illegal or that Gutierrez was not a board member, even after being sworn in.
Mederos stated that the agenda was distributed to the full board, the media, and that a request was made to the hospital’s administration to post the agenda on the hospital’s website.
The Voice received a copy of the agenda at the aborted July 26 meeting and published it. It is unclear whether the Times-Delta’s reporter received one as well.
“I was at that meeting and there was a quorum, because Mr. Torrez was there, Linda Wilbourn was there, and the new board member, Senovia Gutierrez was there,” Mederos said. “And that makes three of the five.”
He stated that the board did not need to certify Gutierrez’ election, as was stated at the July 26 meeting, citing Election Code statutes.
“If the candidate who received the highest number of votes fails to qualify within 10 days after receiving his or her certificate of election, the office to which he or she was elected shall be vacant, and shall be filled according to law,” Mederos stated, reading CA Elections Code Sec. 11386.
He stated that the objections were likely to cause Gutierrez to effectively vacate her seat.
“Despite the fact that Mrs. Gutierrez had been certified as elected by elected by the elections department, they were going to wait because it wasn’t convenient for them on the agenda until the August meeting. The result of that is that she wouldn’t have qualified by taking her oath, until after the 10 days,” Mederos said. “I imagine at that time, they would then have declared that she didn’t timely qualify, and the seat was vacant.”
“It’s not the district’s choice when she has qualified for the position — it’s her taking the oath,” Mederos said. “It is abundantly clear, no matter what Mr. Greene says, that Mrs. Senovia Gutierrez is a member of this board.”
Kumar’s Letter
A letter addressed to members of the board was provided to the Voice Thursday afternoon, in which Dr. Parmod Kumar, through his lawyers, stated that Gutierrez’ swearing in ceremony was in violation of the Brown Act.
“On 25 July 2017, with a majority of the board’s members in attendance, including you, Director Michael Jamaica, and Director Kevin Northcraft, action by the Board appeared to be taken to allow Senovia Gutierrez to assume a position as a Board Member of Tulare Local Health Care District 3, inter alia by having Honorable Walter Gorelick, Judge Superior Court Tulare County administer the official oath of office to Ms. Gutierrez,” the letter reads.
“The action taken appears to demonstrate by consensus of the Board that Senovia Gutierrez has assumed office as representative for District 3, despite there having been no publication of a Notice of any planned declaration by the Board, and despite the earlier filing of a timely request for recount with the Registrar of Voters of Tulare County,” it continues.
A process server briefly interrupted Joseph Soares to serve Northcraft and Jamaica with individually-addressed copies of the letter.
The full letter is available below.
“If I could have just one second, I’m sorry,” a process server stated. “You’re served, you’re served.”
Mederos responded to the letter in his speech.
“I want you to take note at the very top — not at the program, but on the cover, where it indicates the ‘Swearing In Ceremony of Senovia Gutierrez,’” Mederos said.
He stated that he felt Kumar’s arguments fell flat.
“There [are] exceptions to the Brown Act, and I want to read this to you: one of the exceptions is that ‘the attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature,’” Mederos stated.
“The fact that you complimented her and congratulated her — there was no specific business, and also the fact that you’re now getting threatening letters, gives every appearance of being nothing more than trying to bully you into not proceeding in the fashion that you should,” he told the board members.
Questions, Recounts, Oh My!
Joining Benzeevi in questioning that there’s a majority is at least one board member — and Dr. Parmod Kumar.
Wilbourn stated during the hospital’s failed July 26 meeting that it was unclear whether the board needed to certify the election in addition to the county registrar’s certification.
“Because this was a special recall election, not a regular election, there is a question as to whether we have to certify this as a regular board agenda item — where it is on your agenda today is #2, as a chair announcement, it’s not in the body of the agenda,” Wilbourn said at the July 26 meeting.
Additionally, Kumar is seeking a recount of the election, scheduled for July 31 at 8am.
Benzeevi told ABC30 that the meeting wasn’t official — and that the official meeting will be held next month.
“It is not an official board meeting. It’s not my opinion,” Benzeevi told the Voice. “It’s the law.”
3 board members are doing their job, representing the people of Tulare, and pushing for change. I applaud them.
Benzeevi has already made around 12 million dollars from our hospital and it appears that he is still not satisfied and wants more.
Out with Benzeevi.
Out with Greene.
Out with Ostrom.
Out with HCCA.
Keep up the good work Senovia Gutierrez. We are proud of you.
Employees are not getting paid but let Mr Benzeevi keep making 4 million dollars a year.
I had to read the article a second time to fully understand it 😉 It is actually Benzeevi who certifies the board members, not the election office or the judge. I am glad Benzeevi and Wilbourn have cleared that up for us. In fact, the board works at the pleasure of Benzeevi, not the other way around. I guess that’s why he is the four million dollar man, and we are just ordinary idiots who have to throw our tax money at his feet.
No one wants to destroy TRMC. I think the voters just want you, Dr. B, as well as your HCCA our of power.
The proper way to challenge an elected official that you think is illegally holding a seat is to bring an action in “Quo Warranto.” Not whine about the Brown Act. A Quo Warranto action is a special civil lawsuit to remove them from office, once the plaintiff gets permission from the State AG’s office to go forward. If Dr. Kumar really believes she is holding office illegally, he should ask the AG for permission to sue. But he won’t.
Hopefully Dr. Kumar will get an opportunity to discuss that with the AG, among other things.
Mr Sarsfield, thank you. You are correct. Kumar won’t do this because neither him or Dr Benzeevi want the AG anywhere near the hospital because of all the corruption and unaccounted for money
Three independent financial audits done last year and you anti-HCCA people throw out baseless statements like this. Fake news at it’s finest. If the anti-HCCA people say it enough, people will start to believe it even when the audits say exactly the opposite.
Very sad there are 900 Lemmings in district 3 who will throw the hospital over the cliff just to spite HCCA.
Kumar, Benzeevi, Torrez, and Wilbourn act as though they must have something they do not want uncovered. All four more than likely could have dirty linen that they desperately want to stay hidden in the hospital’s closet and will fight to the death to keep it that way. Torrez and Wilbourn have proven themselves to be deaf and dumb, and certainly have turned a blind eye toward the vast majority of citizens in Tulare. They should step down from the Board immediately.
Money talks and one just has to believe Torres and Wilbourn are benefiting financially. I wonder, does Wilbourn have the vending contract at the hospital, the clinics and Volutions?
My questions are… why does the hospital CEO and chair of the need to certify anything I. Regards to elections? Do they now work for the state in the voter registry department? Is that not the job of someone else that gets paid a paycheck to do?
If benzeevi is doing serious business then why is the hospital all of a sudden working on cash flow of 9 days of oeperations. They have spent to much time playing politics and not enough time with day to day business which doesn’t surprise me as benzeevi did when he on duty in the ER a few years back while under EMA management.
Where is the token child Kathleen Johnson all of a sudden trying to fix all the mistakes benzeevi makes and offering to answer phone calls to clear things up
Benzeevi is not wanted in Visalia he’s not wanted by the majority in Tulare and why did he leave the LA area whe. He was working down there in ER’s? Maybe the paper should fine that out … and find out why he don’t have privileges in Visalia or a practice if he’s a good DR… oh he candle ha doe rgeboreasure that’s why abs he caves in stressful situations or on criticism patients especially peds
Spell Chex sorry the last part was suppose to say :
He can’t handle the pressure that is why and he caves in stressful situations or on criticize patients especially peds cases… ask staff that worked along side of him in the er or house supervisors that worked with him …
Kathleen Johnson quit. Hope all the others follow suit
She got another job because she was tired of having to listen to you whiners all day long and for being harassed.
Harassed? read all the letters/opinion pieces with her name as author. She was a high paid mouthpiece that consumed the kool-aid.
By the way – the whiners have been correct. Kathleen left the sinking ship.
Benzeevi is a coward!!! HCCA and the other two board members should be ashamed for not showing their faces at last night’s meeting. It confirms their motives that were already known. Benzeevi thinks anything that he doesn’t approve of can just be held up legally. The drama and trauma Benny refers to is himself, Kumar, and the other HCCA cronies…. Greed and Benny’s “Laser Focus” has consumed him from focusing on the most important part of running a hospital PATIENT CARE….I wonder if Benzeevi’s arms are tired from shoveling all that dirt out of the hole he has dug?
The meeting on July 26th did have a quorum until the puppetmasters in the back of the room ordered their puppet, Mr. Northcraft, to leave the building in order to subvert the 26 July meeting. They were planning to pull this game all along.
If you listen very carefully to the meeting video on the Valley Voice Facebook website you can hear these puppetmasters were happy when Mr. Northcraft, who was in fact in the building, fled the meeting so the board wouldn’t have a quorum. They then proceeded to yell and disrupt the meeting in a rude manner. The audio recording is very telling, it’s obvious Mr. Northcraft is simply a puppet.
The only goal for the puppetmasters is to destroy TRMC in order to spite Dr. Benzeevi. They could care less about the hospital, it’s all personal to them. If HCCA leaves, the hospital will fail but the puppetmaster will have “won”. That’s the only thing important to them. They are trying to cut off their nose to spite their face.
You are so incorrect, Northcraft was not there he had another meeting.
They were playing games to not seat Senovia, ask yourself why?
If Linda Wilbourn has vending contracts at District Hospital properties, I wonder if one of Kumar’s favorite local charities is the Tulare Athletic Club/Manuel Torres Foundation. He could garner tax deductions by donating cash and/or services such as physicals to the boxers. Do you think that maybe Richard Torres is beholding to Kumar?
The grand jury needs to look into this whole corrupt mess! And they should look into why our DA is not doing his job!!
Follow the money.
Dr Kumar looks good in scrubs. There is an orange one being stitched in a factory in Bangladesh that has his name on it and Dr Kumar knows it.
That is why all the desperate tactics. They cannot survive a forensic audit of financial affairs at TRMC by the state.
Board should request state DOJ to conduct such audit. Involve Kamla Harris. She helps.
Iam not on anyone’s side !!! The only side Iam am on is making TRMC better and instead of doing that you all are fighting like cats and dogs !!! When can we just work together as a community! All this negative has to be turned into POSITVE !!! All these new people on the board how are they going to act , how are they going to make things better please I hope they all work together as a team !!!! What happened in the past let it go MOVE FORWARD NOT BACKWARDS !!! TRMC could be the best , if everyone would work together !!!
TRMC needs leadership, with HCCA you have none.
That’s not true. Dr. Benzeevi and HCCA have tried very hard to correct the mess the LAST Board left us with. The $85m bond measure that passed was squandered by the PREVIOUS board. If HCCA leaves, TRMC will fail and it will not be HCCA’s fault.
The people pushing the recall are not looking after Tulare, they hate Benzeevi so much they WANT TRMC to fail.
Dr. Benzeevi has shown no leadership or turnaround skills. No one hates him but they do dislike the horrible contract that the previous board entered into. $275,000 a month plus $20,000 a month to oversee the ER all to a man that had no experience as a CEO. He was a staff ER doctor that promoted to taking over the ER and 6 months later the hospital. No matter how you spin it, the last 4 years of his leadership is an utter failure.