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Board Acting Improperly

POSTED December 1, 2010 2:05 a.m.

Dear Editor,

The Oak Valley Hospital District is a FIVE-elected-officials district. There was an action item, during their OVHD November 22, 2010 meeting, which expended $200,000 in public funds, and at which 10 board members voted (of this 5 person board!). This, of course, is not possible … to have 10 officials voting when only five officials have ever been elected. Something is wrong.

It seems that for years the Oak Valley Hospital District has been “appointing” not-elected persons to a “Governing Board” (as though that were different from the District), and allowing them into closed sessions and allowing them to vote as though they had been elected. This is illegal; it bypasses the public right to ELECT its government, and is in terrible violation of state laws enforced by the District Attorney, the Fair Political Practices Commission (regarding conflict of interest), and Federal corruption seeking agencies.

The Grand Jury charged with investigating this would not be the impotent county “civil grand jury,” but rather would a criminal grand jury convened by county, state, or federal enforcement officials. Fines imposed by the FPPC run into many thousands of dollars imposed upon the offending individuals.

The Brown Act provides for a Special Meeting to be called by any majority three members of this board without having to be concerned with serial meeting violations. The procedure is simple and clearly set forth. This was never done at OVHD.

All members of the existing Oak Valley Hospital District Board of Directors who have participated in this “Governing Board” scam are in serious violation of Brown Act section 54959 which is identified as: “Violation of Act; Criminal Penalty.” The language of this section reads:

 

“Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.”

Larry Kay

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