Public's right to know

As mentioned before, the Valley Health System directors decided to give a group of doctors an exclusive 90-day option to negotiate the purchase of the hospitals.


The name of the group is Physicians for a Healthy Hospitals. Notice, at least as of today, none of the members are identified. Some doctors did admit to their membership during Monday’s meeting.


During the discussion, Dr. William Cherry and other directors mentioned that they had criteria to evaluate the proposal. In response to a question, Dr. Cherry acknowledged that he would make the criteria available, but only after further negotiations.


Will the directors require new owners to keep the emergency room open? It would be important to know. The deal with Selecthealthcare require them to keep it open for 5 years.


Withholding this kind of information, I believe this is a Brown Act violation. Section 54956.8 of at the act authorizes a public agency to conduct closed sessions to discuss the price and terms of payment of potential real estate transactions. The agency could be a buyer, seller or leasing property.


But the section does not authorize the protection of any other information regarding the transaction, such as criteria to evaluate it.


Consequently, I have submitted a California Public Records Act request to VHS (see below). In it I have asked for a copy of the criteria and all other material shared with the physicians.


I’ll keep you posted on the results.


By the way, the same section requires the agency announce who their negotiators are. VHS has yet to do that.


Letter to VHS
July 30, 2009

Fred Harder, Chief Executive Officer
Valley Health System
1117 East Devonshire Avenue
Hemet, CA 92543

Subject: Request to Inspect and Copy Public Records

Dear Mr. Harder;

This letter is to request access to records in the possession of Valley Health System (VHS) for the purpose of inspection and copying pursuant to the California Public Records Act (Government Code Section 6250 et seq.).


The information that I ask to inspect is as follows:


The criteria you or the Board of Directors will use to evaluate the negotiations between VHS and Physicians for Healthy Hospitals (PHH). These criteria exist and were mentioned several times during the VHS Board of Directors meeting, Monday, July 27. Chairman Dr. William Cherry acknowledged that they would be released but would not confirm when this would happen.


I am asking for disclosure of these criteria now. Pursuant to Government Code 54956.8, the only information not subject to public disclosure prior to a public agency proposed real estate transaction is the possible price and terms of payment.


During the meeting, Board members bandied around a criterion such as “top-tier management team. Whatever the criteria are, California law does not protect them. As a public agency, the responsibility is to disclose information to your constituents.


Since the price and terms of purchase are the only information which you may continue to conceal, I am requesting a copy of all information, data or materials that you provide to PHH under the terms of the agreement approved at the board meeting on July 27.


Furthermore, VHS is under an obligation to hold an open and public session in which you identify your negotiators and the real property or properties, which the negotiations may concern. Please identify when you plan to do this before negotiations proceed further.


This request reasonably describes an identifiable record or information produced there from, and I believe that no express provisions of law exempting the record(s) from disclosure.

In light of the apparent Ralph M. Brown Act violations and pursuant to Government Code Section 6253(b), I ask that you make the record(s) “promptly available,” for inspection and copying, based on my payment of “fees covering direct costs of duplication, or statutory fee, if applicable.”

If a portion of the information I have requested is exempt from disclosure by express provisions of law, Government Code Section 6253(a) additionally requires segregation and deletion of that material in order that the remainder of the information may be released. If you determine that an express provision of law exists to exempt from disclosure all or a portion of the material I have requested, Government Code Section 6253(c) requires notification to me of the reasons for the determination not later than 10 days from your receipt of this request.

Government Code Section 6253(d) prohibits the use of the 10-day period, or any provisions of the Public Records Act “to delay access for purposes of inspecting public records.”

Thank you for your timely attention to my request.

Sincerely,

J P Crumrine
News Editor

cc: James W. Ewert, CNPA Legal Counsel
John Marshall, counsel