MCDH Board votes to censure Dr. Glusker
The Special Mendocino Coast District Hospital (MCDH) Board meeting hastily convened on January 4, resulted in, after a 1 hour and 15 minute wait while the board met in closed session deliberating, the shortest open session on record.
Watch the clip to see President Steve Lund announce that a majority of the board, with one abstention, directed Attorney Ruprecht to draft a formal resolution to censure board member Dr. Peter Glusker for a breach of confidentiality of the Brown Act.
The back story appears to be an email that Dr. Glusker had sent to Gayl Moon on December 30 regarding the closed session agenda for the meeting on January 5, where he requested an update to an item referring to allegations regarding personnel issues. Unfortunately, rather than just reply to Ms. Moon, who had sent out the agenda, it was copied to all 60 names on the MCDH Board distribution list.
As a result, a special meeting was called to “conference with legal counsel regarding alleged breach of confidentiality provisions of the Brown Act by a member of the Board of Directors which could result in litigation against the District”. It was interesting this was a closed session, as to according to the Brown Act, performance of any elected official, or board member must be held in open session. President Lund and Attorney Ruprecht assured us it was in closed session because of the personnel and potential litigation aspects.
Also interesting was the matter initiating this update from the December 15 was referred to in the minutes: “Information/Action: Performance Review Chief of Human Resource • The Board discussed a personnel matter.” So, while this was agendized as a performance review, the board only actually supervises the CEO, who supervises the rest of staff. And, it appears other personnel matters were discussed, rather than a performance review.
While the research regarding confidentiality breaches in closed session and its remedies are not clearly applicable in this situation, the standard political definition of censure relates to public reprimanding of public officials for inappropriate behavior. Mendocino TV will continue to follow this situation as well as the ongoing MCDH issues including the January 5 board meeting.
BOARD OF DIRECTORS
WEDNESDAY, JANUARY 4, 2017 AGENDA
6:00 P.M. – REDWOODS ROOM MCDH
700 RIVER DR. FORT BRAGG, CA 95437
NOTICE OF SPECIAL BOARD OF DIRECTORS MEETING OF THE BOARD OF DIRECTORS MENDOCINO COAST HEALTH CARE DISTRICT
NOTICE IS HEREBY GIVEN in accordance with Section 54956 of the Government Code that a Special Session of the Board of Directors of the Mendocino Coast Health Care District is called to be held on January 4, 2017 at 6:00 p.m. at Mendocino Coast District Hospital, 700 River Drive, Fort Bragg, California
CONDUCT OF BUSINESS:
1. Call to Order 2. Roll Call
1. Information/Action: Conference with legal counsel regarding alleged breach of confidentiality provisions of the Brown Act by a member of the Board of Directors which could result in litigation against the District. Government Code §54956.9(d)(2)(4), (e)(1)(2); Government Code §54963; Evidence Code §950, et seq.
RECONVENTION OF OPEN SESSION: CALL TO ORDER – MR. STEVE LUND, PRESIDENT
REPORT ON CLOSED SESSION MATTERS:
1. Information/Action: Conference with legal counsel regarding alleged breach of confidentiality 2. Comments from the community.
3. Comments from the Board of Directors.
Dated: January 3, 2017