Any debate over Senovia Gutierrez’ status on the Tulare Local Healthcare District’s Board of Directors could soon be solved, if the Tulare County District Attorney’s office has its way.
A petition filed in Tulare County Superior Court on Monday, September 11, seeks for a ruling to force board member Richard Torrez to recognize Gutierrez’ position on the board.
Torrez and Healthcare Conglomerate Associates, the contractor which oversees day-to-day Tulare Regional Medical Center — and Linda Wilbourn, until her resignation from the board — have contended that Elections Code Section 15400 meant Gutierrez couldn’t become a board member until the board declares her one.
Because they contend that Gutierrez isn’t a member of the board, they also claim that two special board meetings held by board members Kevin Northcraft, Mike Jamaica, and Gutierrez were invalid and unlawful.
Torrez and Wilbourn didn’t attend those meetings. They also didn’t attend the board’s most recent regular meeting — Wilbourn resigned and Torrez didn’t appear.
The petition names Torrez as a defendant, with Bruce Greene and his law firm, Baker Hostetler, as respondents. Greene and his firm represent HCCA and Benzeevi.
They’re stating that Torrez and Greene are purposefully blocking Gutierrez from the board.
“Elections Code 15400 states that the governing body ‘shall’ declare as elected the person having the highest number of votes. This is a ministerial announcement of a fact that has already occurred, not an invitation for the Board to decide who may serve on the Board or when a publicly elected Board Member may assume their lawful duties,” the petition from the district attorney’s office reads.
“In denying and delaying Ms. Gutierrez her seat, the respondents have unlawfully denied Senovia Gutierrez the right to her elected office, as well as subverted the democratic decision of the Citizens of Tulare County,” it continues.
The filing appears to make the district attorney’s office’s position clear: Gutierrez has been a board member since she was sworn in.
“Ms. Gutierrez is currently a fully empowered Board Member, and she has been since the day she took her Oath of Office on July 25, 2017,” it reads.
It also makes a new claim that even though Wilbourn tendered her resignation before the board’s most recent meeting on August 23, stating that she would be resigning at noon, Greene later sent a message claiming that Wilbourn really meant to resign the following day at noon.
“Board Members Linda Wilbourn and Richard Torrez, and their legal counsel, Bruce Greene, further exacerbated the situation by attempting to orchestrate the cancellation of the meeting on August 23, 2017,” the claim reads. “[…] at 4:00pm, Mr. Greene retroactively claimed that Mrs. Wilbourn really intended to resign the next day, which would leave the meeting without a quorum, if one did not count Ms. Gutierrez as a Board Member. This was yet another blatant attempt to deny Ms. Gutierrez her rightful position based on the fiction that the Board must somehow approve her election.”
Behind The Scenes
Declarations filed by Jamaica and Northcraft, accompanying the petition, lay out their versions of events throughout the controversy.
Both Jamaica and Northcraft claim that Northcraft had sent requests to officials with HCCA to add items to the board’s agenda to prevent the controversy from starting in July, but those requests went unanswered and ignored.
“I first requested the declaration of the election results be added to the agenda on July 21, 2017,” Northcraft states in his declaration. “Despite my request, HCCA failed or refused to add to the agenda an item to declare the election results and Ms. Gutierrez’ victory pursuant to Elections Code section 15400.”
Hospital officials added the item — but as a “chair announcement,” not an open session item.
“I was worried HCCA or other members of the Board would claim at the meeting (as they ultimately did do) that Ms. Gutierrez could not be ‘declared’ the winner of the election because the agenda item had not been agendized as an open session item,” Northcraft wrote. “For that reason, I sent a second email to HCCA on July 24, 2017 again requesting that the item be placed on the agenda.”
On August 23, Northcraft and Jamaica both stated they received emails from Greene notifying them of Wilbourn’s resignation at 3:07pm.
A board meeting was scheduled at 4:00pm that day; because Wilbourn had resigned, it had been cancelled, according to a notice posted at Evolutions Gym in Tulare, where the meeting was scheduled to be held.
Jamaica claims that he received an email at 4:00pm from Greene stating Wilbourn had made a mistake — the notices that were created by hospital staff and posted at Evolutions were wrong. Wilbourn meant to resign the following day.
Following the Will of the Voters… Eventually?
The hospital’s website still shows Dr. Parmod Kumar as a board member, though he was recalled in July.
The board wasn’t able to declare Gutierrez a member at the the July 27 meeting, after Wilbourn stated that divergent legal opinions meant she would need to defer on the issue of declaring Gutierrez a new board member. That’s because the item, though on the agenda, was placed as a “chair announcement.”
“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 meeting.
That resulted Northcraft and Jamaica leaving the meeting. If they wouldn’t recognize Gutierrez, they wouldn’t have an agenda.
Northcraft and Jamaica have always taken the position that Gutierrez became a board member when she was sworn in.
“She’s qualified, she’s the successor, she’s the board member,” Gutierrez’ attorney, Dennis Mederos, said at the time. “Now they’re taking the stance that the board has to certify the election. It’s the Registrar of Voters that certifies the election, not the board. The board’s requirement is they announce the election. [Section] 15400 says they are to announce the results of the election. There’s nothing in that code section that says she’s not a board member because they refuse to announce it.”
Gutierrez, Northcraft and Jamaica would later go on to hold two board meetings by themselves. Wilbourn and Torrez didn’t attend either one, though Northcraft and Jamaica claim to have notified them, and HCCA called the meetings illegal and without any legal weight, since they didn’t consider Gutierrez a board member that could participate in meetings.
“The meeting that was held had no legal authority whatsoever. It’s not a matter of opinion, but rather is clearly delineated by the law and practice. The individuals involved have been notified of that fact multiple times by legal counsel. They are choosing to deliberately expose themselves to legal risk,” Dr. Benny Benzeevi, CEO of HCCA, told the Voice at the time.
“The actions taken by the individuals involved are illegal, are harmful to the business of the District, and each of them individually may have exposed themselves to substantial civil liabilities as well as potential criminal liability for falsely portraying themselves as a governmental entity. Rest assured that all avenues available under the law will be pursued aggressively by the appropriate authorities.“
Tulare County District Attorney Tim Ward’s office appears to be one authority that doesn’t quite agree.
“Every action taken without the consent of the elected board does irreparable damage to the District, the constitutional rights of the Citizens of Tulare County, and the democratic process in our County,” the petition reads.
The matter will be heard in court September 15 at 8:30am, in Department 1 of the Tulare County Superior Court, 221 South Mooney Blvd, Visalia.
25 thoughts on “Tulare County DA Files to End Hospital Board Impasse”
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Good job DA Ward! Keep digging and you will see that their refusal to seat Gutierrez is just the tip of the iceberg
It’s about time!!! Finally the DA is starting to do the right thing in the interests of the people.
“FYI Mr. Ward: The majority of voters WANT you to investigate & pursue known unlawful activity by HCCA and Benzeevi! Keep it up and you you might possibly have a chance of being re-elected.”
While you are in court get a injunction against HCCA and appoint a person or company to take management of the hospotsl until it is all sorted out. Hopefully that will mean the prison time if money is missing.
“Wilbourn made a mistake…Wilbourn meant to resign the next day”, Lol, the thief Benzeevi and his attorney have taken dishonesty to new levels.
Without Lampe pushing these issues, these same LA crooks – Greene and Benzeevi – would still be running the show and robbing blind of the people of Tulare. To finally obtain the cooperation of the local DA is icing on the cake for this effort, which must have taken more than a year. Run these crooks out of town!
FINALLY! Too bad it took the DA so long to get on board and do something…..he still has a long way to go to earn my vote in his next election. He needs to start a COMPLETE investigation into HCCA/Benzeevi. Charges should also be looked at against Benzeevi and all the previous members of the hospital board, including Torrez, who facilitated the downfall of TRMC. Each of these fellow board members knew exactly what type of man they were dealing with when that contract was drafted and signed. Torrez and Wilbourn had no problem with “continuing” the perpetration against the citizens of Tulare. They say that actions speak louder than words…..so I wonder if there were any kickbacks that possibly had incentivized the selling out of our hospital.
I agree with everyone else! DA finally realizes this is the only way he gets re-elected!! He better keep digging now that he finally opened the damn door!!
Finally the DA steps in!!! Unfortunately, he has let a hospital, 550 employees and a community down. I’m not sure he will ever gain the respect needed to win another election.
Isn’t it amazing that when someone decides to run against the incumbent DA all of a sudden Tim gets motivated to do something about TRMC and HCCA. His sudden interest in good government isn’t fooling anyone.
Even though I’m still concerned about the strawberries, I have to admit that I haven’t heard that anyone was going to run against him. Who?
Next time I see you in the mess hall I’ll fill you in on what a little bird told me…
Tide is turning against you.
You can run but you cannot hide.
Its game over.
THANKS to citizens accountability we might not have an hospital. After all the lies and a duty campaign do you think Dr B was just going to give you a handshake??
Mickey has lost his mind or
He is living in La La land.
Mickey just what lies are you talking about? Seems to me their predictions are coming true. Or should the people of the district have given benny more money to spend?
Let’s not forget one of the criminals to being forward is Alan Germany, CFO would has been paid $39.000.00 plus 8,000.00 in expenses per month to run the finances into the ground. He needs to be brought to light in all of the financial mess that has been created at the hospital.
Citizens accountability – You have damaged our hospital with negative comments, lies and accusations! My opinion, you guys are responsible for this mess. Do you think for a second Northcraft, Jamaica and Senovia have the ability and knowledge to make it better? Really??? I don’t see any of you working around the clock to safe lives and to be honest I don’t think you care.
I am not even going to address your apparent use of a false name. I will address this: The Citizens for Hospital Accountability have fought a decent and honest fight on the merits as they have discovered them. I only know them in this endeavor, as our reporting has coincided with their fight, and–even though they have repeatedly invited me to attend social events of theirs–I have kept myself separate from their cause. Totally baseless is your assertion that they have damaged the hospital with “negative comments, lies and accusations.” I have worked with them in my capacity simply to get at the facts, and have always found them to be correct. Your opinion is without merit. In fact, it’s worthless. I will grant you that Northcraft, Jamaica and Senovia do not have degrees in hospital administration. But they–and the Accountability group–have been hard at the oars for some time now to “safe” lives. Bet your bottom dollar they care. If you cared you’d be more truthful with your identity.
Is the ghost of Kim past, speaking? Or Theresa? They failed to recognize the lies in all of this, including the financial performance that HCCA has bragged about.
Now even when paychecks are eeking through they are in denial of what the true problem is to cause this and would like to blame other’s for HCCA’s horrible performance.
The real people to blame is the previous board that selected a hastily created entity, HCCA, as an alignment partner to operate the District. It doesn’t matter how much money they would have received with a bond or a loan, their lack of experience would have just burned through that money and then they would have expected more from the tax-payer.
Very well said!
You are showing your ignorance and making a## of yourself. I suspect you work for Bennie or are one of his puppets that are still at the hospital and your check is not bouncing. What a lowlife ypu are. Tell us who you really are.
This is for Mickey.
I can’t believe that there are still people out there that feel our (Tulare’s) hospital is in good hands and The Citizens for Hospital Accountability is damaging the future of the hospital. Brainwashed/Ignorant?
Thank You JO for your reply.
Finally a voice (Tim Ward) that has some power. It’s about time.
And I do agree that so called Mickey must be Kim or Teresa, nicknamed the two cheer leaders of HCCA.. I’m guessing the koolade has completely worked on these two.
Justice is about to be served.. How’s that tasting in your suck up mouths…lol..bahahaha..
Mickey needs to start looking for a new place of work, her puppet masters are circling the drain and taking the hospital with them. More like a renter being evicted and destroys evering thing before leaving. Hopefully if we can find new managers they won’t hire you