Editor’s note: An earlier version of this article incorrectly stated the appointee would carry out the remainder of the term. In addition to starting the appointing process, the district also called for an election for the remainder of the term. It also incorrectly stated that the resolution said Gabriel met both absence criteria for his seat to be vacated. Lea este artículo en español aquí.
Citing his numerous absences from board meetings, the San Benito Health Care District Board of Directors on June 25 vacated Dr. Nick Gabriel’s Zone 5 seat in a 3-1 vote.
Gabriel cast the lone dissenting vote. Director Bill Johnson was absent from the meeting.
The board also approved a plan to appoint within 60 days a new Zone 5 representative and called for a consolidated election to be held in November for Zone 2, Zone 4 and Zone 5. The appointed person will serve until a new elected representative takes office in December.
The term for the Zone 5 seat runs through December 2028.
Following passage of the resolution, Gabriel, a general surgeon, said he would follow the board’s decision and resolution under protest, then left his seat at the table as the board prepared to move onto other business.
Gabriel did not make comments during the board’s consideration of the action and only answered questions about his current employment responsibilities, noting that he works at seven hospitals across the state.
He did not immediately respond to BenitoLink’s request for comment.
The health care district’s boundaries include the majority of San Benito County. Zone 5 encompasses the north area of downtown Hollister and extends to the Santa Clara-San Benito county line between Hwy 25 and Hwy 156.
The June 25 resolution cites a state law and district bylaws that allow the board to declare a vacancy if a director is absent from three consecutive regular meetings or three out of any five consecutive meetings. The resolution says Gabriel’s absences meet one criteria by missing five meetings since January, including the Feb. 26, May 18, and May 28 regular meetings, and the June 8 and June 22 special meetings.
Director Devon Pack said Gabriel’s professional duties preclude him from “sufficient attendance to participate in this board in an effective manner.”
Director Victoria Angelo said directors need to adjust changes in their personal and professional obligations to the responsibilities of the district.
“If we’re not able to fulfill the obligation here, then just acknowledge that and be able to vacate, so we get someone that can fill that role effectively,” she said.
According to the resolution passed by the directors, staff were directed to post a notice of vacancy in three “or more conspicuous places” within the district’s area of service at least 15 days before the appointment date. The deadline to appoint the representative for Zone 5 is Aug. 25.
Hazel Hawkins Memorial Hospital Marketing and Public Relations Manager Erika Yanez said the notice is expected to be posted on or before July 17 on the district’s website and on two bulletin boards where the district posts its agendas, notices and rosters.
She said applications to fill the position will be available at the district office.
“Qualified applicants will be invited to the public meeting of the board, at which time the district board will interview and select the best qualified candidate,” she said.
Qualifications to hold that office include being a registered voter and residing within Zone 5.
According to the resolution, if the board does not make an appointment within 60 days, the San Benito County Board of Supervisors would make an appointment within 90 days of the vacancy.
Community member Robert Bernosky said a skeptic might view the board’s action as retaliatory because of the pending litigation between Gabriel and the San Benito Health Care District. He then questioned the number of special meetings called by the district.
“It just looks like you’re scheduling all these board meetings knowing a general surgeon, an on-call surgeon, can’t possibly make them all,” he said. “It just looks like retaliation.”
The relationship between Gabriel and the district has been strained since before he took office.
As the lone candidate for Zone 5 in the 2024 general election, he publicly opposed the proposed sale of the hospital to Michigan-based Insight Health, which the district strongly supported and voters approved in that election.
Insight ultimately walked away from the deal last year.
One day after Gabriel was officially elected to the board of directors, the district sent a letter notifying him that his contract as a surgeon would not be renewed. Gabriel had been providing services in the county since 2022.
In December 2025, Gabriel sued the district seeking $100 million in damages and loss of wages. Earlier that year, he had filed a $250 million claim against the district alleging breach of contract and violating California laws. Filing a claim is required before filing a lawsuit.
No representatives from either party attended a July 2 case management hearing for the case in San Benito County Superior Court. Visiting Judge Thomas Breen noted it was the third time no representatives attended a scheduled hearing.
In summer 2025, 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. He was eventually confirmed eligible.
In fall 2025, the board of directors approved a new policy limiting remote attendance for public meetings to three meetings per calendar year. The district said the new policy was adopted in response to challenges in satisfying the law that requires the majority of directors to be physically present at meetings.
Gabriel, who mostly attended board meetings via Zoom, said he could not attend in person because he worked outside the county.
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