Health care district says it properly conducted oaths of office

Lea este artículo en español aquí.

Citing California Health Care District Law, the San Benito Health Care District says it has administered the oath of office to elected board members appropriately. 

Health Care District counsel Heidi Quinn said it has been the district’s general practice to have a board member administer the oath.

The issue was raised in the San Benito County Civil Grand Jury as part of its 2024-25 report released on June 17, which included a finding that three members of the health care district board were not administered the oath of office by an authorized official and that the practice extended well into the past.

“We don’t agree with the finding because we have different laws that apply,” Quinn said.

The district’s board of directors approved the response to the civil grand jury’s report and a resolution aimed at clarifying who is authorized to administer oaths on July 24, both on a 4-0 vote. Director Bill Johnson was absent.

In its 47-page report, the civil grand jury found that an unauthorized person administered the oath of office to the last three elected officials: Victoria Angelo, Nick Gabriel and Johnson. However, the health care district remedied it by having an authorized official administer the oath before the new board of directors held its first meeting, according to the grand jury.

The San Benito County Civil Grand Jury is convened annually and consists of 19 citizens who investigate the operations of various government departments and agencies. 

Quinn said the oath was about the directors swearing to uphold the California and U.S. constitutions, give allegiance to the constitutions, and to do their job well.

“So that’s all we’re really talking about,” Quinn said. 

The civil grand jury also questioned the validity of former elected officials but Quinn said that is not at issue. 

“There’s also case law that indicates even if an oath of office was not properly administered, it doesn’t necessarily invalidate any decisions taken by the board,” she said.

Hollister resident Robert Bernosky said the board should not dismiss the civil grand jury’s concern about unauthorized officials administering the oath in the past because there was a lack of evidence that the board secretary delegated such powers to those officials.

“I bet you’re not going to find any documentation that it was done properly,” he said. “So I think you have a huge, huge problem.”

While speaking about the resolution aimed at clarifying who is authorized to administer the oath of office, Director Josie Sanchez said she was sworn in at the district’s facilities as well as the county chambers.

Director Devon Pack said he was sworn in at a meeting of the San Benito County Board of Supervisors.

Other board actions

Meanwhile, the board directed its bylaws committee, made up of Pack and Sanchez, to draft a policy on attending meetings remotely. A resident said this was aimed specifically at Gabriel and his attending meetings remotely in past months, and health care district officials indicated that satisfying quorum requirements has been a challenge. 

Quinn said current state rules allow directors to participate remotely for “just cause” such as taking care of a sick family member, if an official is sick and contagious, or experiencing a disability. She said an official is limited to using the just cause clause twice a year.

She said the main challenge with officials appearing remotely is that the majority of participating officials must be physically present for the board to satisfy the quorum requirement.

The board’s scheduled May meeting was not held because there was not a quorum.

The four directors said they believed it was important to be physically present. 

Gabriel said he has been appearing remotely since June because he’s been working out of the county since his contract as a general surgeon was not renewed by Hazel Hawkins Memorial Hospital in 2024. 

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

Pack all but requested that Gabriel resign if he could not make the meetings in person.

“Politely, Dr. Gabriel, I do not necessarily ask for your resignation, but if you feel that you will not be able to resolve your schedule with your supervisor and your current employment to the point,” Pack said before he was interrupted by Quinn, who said the policy is meant to be broad regarding remote attendance.

Bernosky said he was disappointed with the board because several other directors have also participated remotely. He said it appeared the district was retaliating against Gabriel, who is the one director who has indicated he opposes selling the hospital. 

“The optics of this are you’re just retaliating against a board member that was critical of the hospital administration,” Bernosky said. “First you take away his livelihood and now you’re trying to get him off the board.”

Following Gabriel’s contract termination, he filed a $250 million claim against the district alleging breach of contract and violating California laws. 

The district is also conducting an investigation into whether Gabriel is eligible to be on the board, arguing that he has not confirmed that he resides within District 5, which he represents. Gabriel was the lone candidate for that seat in the 2024 general election.

Hazel Hawkins CEO Mary Casillas told BenitoLink the district is finishing up the investigation. Quinn added that the findings will be provided to the board. 

The San Benito Registrar of Voters office previously told BenitoLink that Gabriel’s updated voter information shows he still resides within District 5. 

Quinn said she believed drafting a remote meeting attendance policy was not a retaliatory action, because the board has narrowly reached a quorum for several past meetings and has been unable to hold a special meeting because it lacked a quorum.

“The board has the ability to pass policies that govern its business,” she said.

We need your help. Support local, nonprofit news! BenitoLink is a nonprofit news website that reports on San Benito County. Our team is committed to this community and providing essential, accurate information to our fellow residents. It is expensive to produce local news and community support is what keeps the news flowing. Please consider supporting BenitoLink, San Benito County’s public service, nonprofit news.