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Unable to confirm his residency, the San Benito Health Care District trustees have called into question Dr. Nick Gabriel’s eligibility to serve on the board of directors.
By a 4-0 vote, the board approved on June 26 an investigation into his residency unless Gabriel or the San Benito County Registrar of Voters office confirm his eligibility. The board gave Gabriel until the end of June 27 to confirm his residency.
BenitoLink did not receive word by the time of publication on whether Gabriel responded to the board’s inquiry.
At the same time, also on June 28, the board approved a three-year agreement with an orthopedic surgeon who is facing potential disciplinary action by the California State Medical Board for a 2024 conviction for driving under the influence the year before, raising questions from a divided board.
As for the investigation into Gabriel’s residency. the board was unanimous. Gabriel was the lone Zone 5 candidate in 2024 and took office in December.
San Benito Health Care District Counsel Heidi Quinn said she did not have an estimate of how much a third-party investigation would cost but said in her experience it can be as much as $15,000.
“It seems to be a pretty discreet topic for the investigator,” she said. “So that’s just a ballpark estimate.”
Chief Deputy Clerk-Recorder-Elections Ana De Castro Maquiz told BenitoLink on June 25 her office had not received any complaints or questions regarding Gabriel’s residency but that such complaints would be forwarded to the district attorney’s office. BenitoLink reached out again on June 27 but did not get a response.
District Attorney Joel Buckingham told BenitoLink on June 27 that he also had not received any complaints. Buckingham said residency disputes can be complex depending on the circumstances and factors of a particular case. He said the process is maintained by the state Attorney General’s office but that most boards have some power to regulate its own members.
“Most boards have a process by which they can investigate and take action but it does subject them to litigation,” he said.
Hazel Hawkins Memorial Hospital CEO Mary Casillas said staff has been requesting that Gabriel provide documentation confirming his residency within Zone 5 since March after mail sent to him was returned to the hospital.
“He did not provide an address and indicated he was quote ‘in transition,’” she said. “Over the last several months, the district has made repeated requests to Dr. Gabriel to confirm his residency within Zone 5 including and up to last week.”
Zone 5 encompasses the north area of downtown Hollister and extends to the Santa Clara/San Benito county line between highways 25 and 156.
Director Devon Pack said he would support the investigation if the district could not get residency confirmation from the office of the registrar.
Frankie Gallagher, who works as the hospital’s director of marketing and public relations, spoke as a resident and said that as a constituent of Gabriel’s she felt he was not serving the best interest of the people in his zone.
“The only reason you’re sitting on the board is to retaliate against the district,” she said. “The fact that you refuse to prove your residence in District 5, it’s disgusting.”
The relationship between Gabriel and the board has not been the smoothest. He was vocal against the ongoing potential sale of the hospital to Michigan-based Insight Healthcare, a move district officials have argued is the only way to save the hospital from closing.
A day after the Nov. 4 election, the district notified Gabriel, who was contracted as a general surgeon, that his contract would not be renewed.
In May, Gabriel filed a $250 million claim against the district alleging the board is in breach of contract, has committed fraud and violated other California laws.
Filing a claim is the first step before filing a lawsuit. There is no record in the San Benito County Superior Court of a lawsuit as of June 27.
Gabriel attended the meeting via Zoom but recused himself from the issue following a recommendation from Quinn.
He did not make a comment and did not respond to BenitoLink’s request for comment.
Questions over new doctor
Meanwhile, by a 3-2 vote the board approved an agreement with Dr. John Wiemann amid concerns over a pending case with the state medical board. Pack and Gabriel cast dissenting votes.
The agreement includes an annual salary of at least $795,000, which is based on working at least 16 shifts a month at the hospital.
“The only reason I’m voting yes is because I have to trust our medical staff,” Director Josie Sanchez said.
The dissenting directors attempted to discuss the case before the state medical board seeking to revoke or suspend Wiemann’s license as a result of his DUI conviction in Fresno County, but Quinn, Casillas and Director of Medical Staff Britney Slibsager said it was not appropriate for public discussion.
“Medical staff has made a recommendation and the board can accept that recommendation or not, but this is not the appropriate place to go into the licensure,” Quinn said.
Casillas said the contract includes a condition requiring that if Wiemann gets his license suspended he can’t work at Hazel Hawkins.
Resident Greg Swett noted there is a cause for termination clause in the agreement with Wiemann that disqualifies him from working at the hospital which describes the following: “physician being charged with or convicted of a crime other than an infraction, traffic citation, or similar charge.”
Neither the board nor staff addressed Swett’s comment.
The staff report included letters of recommendation from outgoing Chief of Staff Dr. Michael Bogey and Dr. Russell Dedini in which they commended Wiemann for his professionalism, integrity and high quality service.
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