Health Care District board approves limits on remote attendance

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In a stated effort to ensure San Benito Health Care District meetings are not canceled because of a lack of quorum, the district board on Oct. 23 unanimously approved a policy limiting remote meeting attendance to three times per calendar year. 

Though it was passed without discussion, the directors first considered drafting a policy in July, saying it has been a challenge to satisfy state laws which require that a majority of board members be physically present.

The new policy also limits directors to three remote appearances for committee meetings per calendar year.

According to the policy, the directors are able to attend remotely under two possible procedures.

First, requires directors participating remotely to identify their location and that the location be accessible to the public.

“These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration,” according to the policy. 

If a director cannot meet the requirements, he or she cannot participate in the meeting, according to the policy.

The second procedure is under AB 2449 for emergency circumstances and does not require a director to identify their location. Under this procedure, a director must meet “just cause” criteria which includes personnel or family medical emergencies.

If a director intends to participate remotely for just cause, the board or committee must approve or deny the request by a majority vote. 

No board members commented or raised questions about the new policy following Director Josie Sanchez’s presentation. 

In July, Director Nick Gabriel said he had been participating remotely since June because his contract with Hazel Hawkins Memorial Hospital as a general surgeon was not renewed and he had to find work outside of the county.

“I would love to be sitting there but there’s only one hospital in San Benito County,” he said at the July meeting. “And if I’m not working there, I have no choice but to continue my livelihood elsewhere.”

Gabriel participated remotely for the Oct. 23 meeting. 

Since Gabriel’s contract termination, his relationship with the district has been strained. He filed a $250 million claim against the district alleging breach of contract and violating California laws. Filing a claim is the first step in a potential lawsuit. As of publication time, Gabriel had not filed a lawsuit against the health care district with the San Benito County Superior Court. 

Gabriel was also the subject of an investigation by the health care district regarding his eligibility to serve on the board based on his residence within District 5 and since has been cleared.

Other issues

Also on Oct. 23, health care district board President Bill Johnson acknowledged the series of anonymous letters critical of CEO Mary Casillas and her leadership, among other issues, which were received by the directors in August and September, and said they are taken seriously.

“We are always open to comments, criticism, but when a person does not sign their name to a letter, there’s nothing we can respond to,” he said. “Until someone signs their name to it we can’t respond to them.”

The Oct. 23 meeting agenda packet did not include a copy of the letters, unlike the August agenda packet which included two of the letters the district had received at that time.

In her report to the board, Casillas said the administration is moving forward with a provider needs assessment and community health needs assessment with a contractor.

She said the assessments are intended to collect data and community input into what health services are needed in the county. 

Casillas said the district can use those assessments to consider any strategic moves after Insight Health withdrew its interest in taking over the hospital in August. 

She said the process includes the assessment contractor conducting at least two town halls or listening sessions. Casillas said she expects the findings to be presented to the board in January. 

She said the last provider needs assessment was conducted in 2022.

Related BenitoLink articleshttps://benitolink.com/health-care-district-says-it-properly-gave-oaths-of-office/

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