Thursday, September 29, 2005

An Open Letter to the Independent Citizens' Oversight Committee for Proposition BB

September 29, 2005

Mr. Stephen P. Yerxa, Chair
Independent Citizens’ Oversight Committee
(c/o Tayna Howell - Palomar Pomerado Health)
15255 Innovation Drive
San Diego, CA 92128-3410

Re: Issues for Oversight Committee Meeting on October 5, 2005

Dear Mr. Yerxa,

The current agenda for the Oversight Committee meeting shows that Mr. Robert Hemker will be presenting a 30-minute Discussion of Financing Issues and Strategies (agenda item V.B.a.). An intriguing part of the PPH-JRM ERTC Option and Purchase Agreement, dated March 18, 2005, is paragraph 4.2.6. A link to an extract of of paragraph 4.2.6 and a summary of concerns is at: http://civics.robroy.cc/PPHprobKr.PDF
At the PPH board meeting August 30, 2005, Mr. Hemker explained that the Development Agreement of paragraph 4.2.6 "is required to be completed" before the close of escrow on the ERTC property in February of 2006. As of September 16, 2005, PPH and JRM-ERTC had not yet completed the Development Agreement referenced in paragraph 4.2.6 (after 6 months of negotiations). The Development Agreement of paragraph 4.2.6 appears to be a financing strategy, and I would request that Oversight Committee ask Mr. Hemker to spend a few minutes during his Discussion addressing paragraph 4.2.6, its meaning, and the consequences of not completing the subject Development Agreement with JRM. The full PPH-JRM ERTC Option and Purchase Agreement is available at: http://civics.robroy.cc/ERTCopt2.PDF. The Aug. 30 comments by Mr. Hemker are available at:
http://civics.robroy.cc/PPH-8-30-05JRMDiscussion.WMV.

During the Oversight Committee meeting, Mr. Mike Shanahan will be presenting a 1-hour Executive Summary of the PPH Facilities Master Plan (agenda item V.A.a.). The PPH Facilities Master Plan (FMP) appears to have a gross error in that the FMP fails to acknowledge approximately 100,000 sq. ft. of compliant hospital space at the Palomar Medical Center (see http://civics.robroy.cc/PPH-PMCmsg100K.PDF). I would request that the Oversight Committee ask Mr. Shanahan to address the issue of this apparent gross error in the PPH FMP during his 1-hour presentation.

The following items are not on the Oversight Committee meeting agenda, but I would like to see them addressed, and I would like them to be added the agenda:

I. PPH quit posting the agendas for its Board meetings after March 2005. Previously, the agendas were posted at: www.pph.org/body.cfm?id=36. The Oversight Committee should request that PPH post, on its web site, the agenda for every PPH board meeting, and also the agenda for every other PPH committee meeting connected with the use of Proposition BB funds.

II. Unless a member of the public actually attends a PPH Board meeting, the minutes of the PPH Board meetings are only available by way of an Application for Inspection of Public Records and payment of copying fees. The Oversight Committee should request that PPH post, on its web site, the minutes for every PPH board meeting, and also the minutes for every other PPH committee meeting related to the use of Proposition BB funds. The supporting materials presented at any such meeting also should be posted on the PPH web site.

III. The PPH Board of Directors has been using “Special Meetings” in a manner that makes it difficult for a member of the public, who is not part of a newspaper organization, to learn of and attend the special board meetings. The Oversight Committee should request that PPH provide at least 3 days notice to the public for any meeting related to the use of Proposition BB funds. Also, PPH should maintain an email list for notifying persons wishing to be informed of meetings related to the facilities expansion and the use of Proposition BB funds.

IV. Members of the Independent Citizens' Oversight Committee have been addressing the Escondido City Council without identifying their positions as members of this committee. Of most concern are the strident positions that these members of the Oversight Committee have taken with respect to matters directly involving the use of Proposition BB funds. Of particular note are comments made at an Escondido City Council meeting held on August 24, 2005. I request that members of the Independent Citizens’ Oversight Committee identify their membership on this Oversight Committee when advocating positions, affecting the use of Proposition BB funds, with members of the public and government bodies.

V. At least one member of the Independent Citizen’s Oversight Committee is identified as being a member of the Board of Directors for the Palomar Pomerado Health Foundation (PPHF). As part of the $800 million planned expansion, about $50 million is budgeted to come through donations, presumably through PPHF. I wonder whether a Director on the PPHF Board is sufficiently independent to also sit on the Independent Citizens’ Oversight Committee.

Sincerely,
Robroy R. Fawcett

Enclosures

cc: (w/o enclosures)
William L. Corwin
Stephen Friar
Lee Human
Jerry Kaufman - Secretary
Edward R. Lehman
John McIver
Kathy Leech McKinney
Margaret Moir
Bob Wells - Vice Chair
Tayna Howell - Scribe
Bob Hemker - PPH CFO
Mike Shanahan - PPH

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