SOH Fires Warning Shots at BOS
Frustrated over its efforts to bring the proposed formation of a hospital district to a public vote, the Save Our Hospital (SOH) committee has launched a three-pronged attack aimed at the Modoc County Board of Supervisors, its legal counsel and election officials.
Salvo One.
Mike Mason, SOH chair, informed the board on Tuesday that its attorney, John Kenny, is 30 days overdue in returning a written, impartial, legal description required for the ballot measure and that the board and Kenny are in violation of state election laws.
Kenny was not present at the board meeting.
Mason alleged that the reason for the county’s delay in working towards a ballot measure is that the board of supervisors intends to use the Modoc Medical Center, valued at an estimated $5 million, as collateral for a long-term bond sale.
“We encourage the board to look at the long term assets and leave the hospital to the district so there are assets for the district,” Mason told the board.
Salvo Two.
At its Jan. 28 meeting, SOH members voted to file a complaint against Kenny with the State Bar of California, the state’s bar association. It is not known if the complaint has actually been filed.
Salvo Three.
Immediately following his appearance before the board of supervisors Mason went to District Attorney Gary Woolverton and filed a letter alleging the county has failed to comply with the state election code 9015(a).
The letter, obtained by the Modoc Independent News, states in part:
“Due to the lack of response from the Modoc County elections official, board of supervisors and county counsel, we feel they are violating the legal state and federal constitutional rights of residents of Modoc County by not allowing the citizens of Modoc County the right to vote upon a very important issue facing this county.”
The SOH letter of complaint to Woolverton also stated in part, “In providing the ballot title, the county counsel shall give a true and impartial statement of the purposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.”
In its demand for action by Woolverton against the supervisors, SOH went on to state:
“We request that you take appropriate legal action against the Modoc County elections official, board of supervisors and county counsel for violating California Election Code 9105 (a) and for the violation of civil rights of citizens in Modoc County who filed this request to circulate the proposed measure as of December 18, 2009.”
Woolverton was not available for comment as of Wednesday afternoon.
The SOH committee, on the other hand, has been outspoken about the board of supervisors and Kenny’s apparent lack of cooperation, and stated in its minutes, “… we have played fair and by the rules with the county, but they appear to be stringing us along and we need to take these steps to get a ballot on the healthcare district.”
Board Chair Dan Macsay, pointed out Mason’s remarks were made under the provision of the agenda allowing only for public comment and that the board could not take any action. He suggested Mason place the matter on the board’s Feb. 9 agenda, which Mason agreed to do.
In referring to the county’s overall collateral value, Mason quoted former MMC CEO Walt Beck as saying the county has $65 million in property. This figure is disputed by newly appointed CEO Richard Arrow, who said the figure is closer to $35 million, but that the estimated value of the MMC at $5 million was correct.
-- Ray A. March