Dr. Parmod Kumar has claimed, through an attorney, that the Tulare Local Healthcare District violated the Brown Act in swearing in Senovia Gutierrez on Tuesday.
Because a majority of the board — Linda Wilbourn, Kevin Northcraft, and Mike Jamaica — were in attendance, Kumar’s attorney claims that her swearing in ceremony was a violation of the state’s open meeting law.
Though the letter was dated July 26, Wilbourn did not mention it as the rationale for delaying Gutierrez’ seating on the board.
A letter from his attorney, addressed to TLHCD Board Chairman Linda Wilbourn, makes the claims.
“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.
Although the Tulare County Registrar of Voters has stated that the recount effort does not invalidate the July 11 recall election’s certification, Kumar’s lawyer notes that the recount may have an effect on Senovia Gutierrez’ position on the board.
“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.
Kumar’s demands, expressed through his lawyer, include:
- Cease and desist the declaration of the 11 July 2017 election for District 3 until such time as
administrative remedies have been exhausted; - If [Wilbourn] contend[s] that Ms. Gutierrez is a Member of the Board at this time, then cease and
desist the taking of any and all official action by Senovia Gutierrez, acting in a capacity as
Director of the Tulare Local Health Care District 3, including those actions which may result in
the selling or issuing notes, bonds or other indebtedness, or any related contracts or agreements
or decisions creating a contractual obligation, including a contract awarded by competitive bid
for other than compensation for professional services upon which a party has in good faith relied
to its detriment; - Properly notice and provide to the public the awareness and opportunity to comment of
which it was deprived, i.e. the formal administration of the oath of office to Senovia Gutierrez,
and explicit withdrawal from commitments made at that meeting, coupled with a disclosure at a
subsequent meeting as to why individual members of the Board took the position that they did,
accompanied by the full opportunity for informed comment by members of the public at the
same meeting, notice of which is properly included on the posted agenda, i.e. discussion of the
Board matters made by Directors Northcraft and Jamaica.
This story will be updated as it develops. The full letter is available below.
Can you say leech?
Very sad. This shows that Dr Kumar cares nothing at all about the legitimate will of the citizens of Tulare expressed time after time in recent elections.
The hospital does not have money to pay the blood bank, or its nurses and doctors, yet we have to bow our heads and tolerate Benzeevi and Kumar, otherwise we have to face lawsuits.
I don’t know if I’ve ever been so disappointed in a person. I don’t know if you’re motivated by greed or fear of the repercussions of a forensic audit, but to show so little respect for the voters in your district is just pathetic. I urge you to do the right thing, salvage some respect and quietly leave the Board.
Amen!! I at one time had respect fot him!! Sadly I have pity for him and his actions now. Do the right thing and go quietly away. The Citizens of Tulare have spoken. If he would of won I would of honored the people’s will but he did not! It is such a shame for him!!
We live in a democracy. Kumar overwhelmingly lost a legitimate election. The new board needs to get on with it’s business at full speed, including ousting of Benzeevi and consideration of forensic audit.
Does TRMC have a mental health ward? Because it surely needs one.
Kumar doesn’t want anyone in the accounting. After all these years what is he so worried about that will be found. Your gravy train is coming to an end so pull up your big boy pants and move on.
I think he is scared to lose what he has. For example the house he lives in is owned by the hospital and not by him. So does that mean he has to move out of the house? And who will now get to live there?
Seriously? I hadn’t heard that before. He lives in a home owned by TRMC? Why does TRMC own homes?
I seriously doubt that HCCA owns the house Kumar lives in. These kinds of unproven statements reduces the credibility of those who have worked so hard to unseat Kumar. Kumar has done enough bad things, there is no reason to manufacture false claims.
There was ‘rumor’ that Kumar bought the old McCarthy house on the corner of Gem and Prosperity and they were fixing it up for the outside Dr’s coming to our area to use…..
this makes sense, and it’s public record if someone wants to look up the title.
This may be owned by the hospital for the traveling Dr’s to use.
Kumar needs to get new attorney:
Government Code Section 54952.2 (c) (5) of the Brown Act provides for an exception for 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 that is within the subject matter jurisdiction of the legislative body of the local agency.
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I bet it’s an audit that has him scared!
Well since Sherrie Bells first meeting was a special meeting no less and they got rid of the Forensic Audit and the Attorneys that Kamboj, Smith and McPhetridge put in I would think he’s got something big to hide…..
Secret meetings at Skip Barwicks home doesn’t look good either.
Funny how all the things kumar is now claiming as unethical & unlawful are exactly the things he’s used or done in the past! You can rest assured he cares nothing for anything but himself! He certainly doesn’t care if he humiliates his family! He should have been investigated years ago!! He, by his own actions, have reduced himself to laughing stock in the city of Tulare!! HE SHOULD BE ASHAMED! But of course he’s not!!
I attended the swearing in ceremony. Linda Wilbourn sat toward the left front of the room. Kevin Northcraft on the second or third row on the right side of the room. Mike Jamaica was standing against the wall on the right side of the room. Senovia Gutierrez was in the front row. I watched for interaction and other than shaking Senovia’s hand there wasn’t any discussions or Brown Act violations occurring.
Kevin left quickly after the meeting and then Linda. That left Mike and Senovia. Senovia was surrounded by well wishers. No business was discussed. A video was done. Watch it and check for yourselves.
I was at a hospital employee recognition at Kumar’s house in 2013. Shaun Bolouki joked the press would be reporting of a Brown Act violation since at least three hospital board members were present: Kumar, Bell, Avitia and not sure if there was anyone else.
Kumar is like a child throwing a temper tantrum. He didn’t get his way, or in this case the votes, he will do whatever he can to stop Senovia Gutierrez from being a hospital board of director.
Too late as she is certified by the Tulare County Elections office and sworn in under oath. He has been OFFICIALLY CERTIFIED REPLACED as a recalled hospital director. The bigger questions are why all the stall tactics? What is he up to?
Just read in the VTD that the Tulare County DA said there was no violation of the Brown Act. So what’s next Kumar? You are an angry little person…..aren’t you embarrassed? Swallow your greedy pride and own up to the truth……the voters in your district had their say and they no longer want you as their board member and neither does the rest of the community. Go back to your private practice.
Take a closer look. His statement is actually rather cryptic. He said something about donations not being the basis of a conflict (perhaps a reference to all the thousands of dollars in donations a certain prosecutor has taken from certain other persons?) and that they “won’t take action” on the facts presented. “Not taking action” isn’t the same thing as “no Brown Act violation.” Not that there was a violation (at least in my opinion for what that’s worth). The DA is trying to stay as far away from this as possible, lest someone continue to ask questions like “where is your public corruption investigation?” How many millions need to disappear for your office to get involved? Why don’t you open up a Government Code 1090 investigation into all of this? All unpleasant questions to be sure.
Dr Kumar is only trying to make this situation as dire as possible. His plane are and always were to bring down TRMC, de- valuing it making it as much a hardship on Tulare as possible as so he can purchase the building as cheaply as possible to operate the Hospital himself.
Unfortunately, my only sources are within the medical community itself and could be seen as only rumors.