By Bruce Barton
El Camino Hospital faced two challenges last week in the courtroom and in the community.
The Los Altos-Mountain View area League of Women Voters led a formal request, supported by several prominent area doctors, for the district board of directors to “conduct the business of El Camino Hospital more openly and to share with the public the detailed information about El Camino Hospital’s operations and finances required to maintain the community’s confidence and trust.”
Santa Clara County Superior Court Judge Kevin A. McKenney decided May 24 to bring to trial Aaron Katz’s lawsuit challenging voter passage of 2003’s Measure D, which authorizes $148 million in bonds for construction of a new 325-bed hospital facility. Katz, a Saratoga resident and Mountain View property owner, contends he should have been allowed to vote in the election because he’s paying taxes used to pay for the rebuilding. The decision to go to trial means certain delay, at least until next spring, before the hospital can break ground on construction.
“Judge McKenney’s ruling today allowing this lawsuit to proceed to trial and denying various procedural motions is disappointing, but it does nothing to undermine our position in defending what we believe to be a baseless lawsuit,” said Jon Friedenberg, the hospital’s vice president of resource development. “We can’t sell bonds until we receive a favorable decision from the court, and we can’t begin construction until we’re able to sell the bonds.”
Meanwhile, hospital officials are faced with answering the League of Women Voters’ May 23 letter, calling for improved accountability with the public. League representatives plan to address board members in person at today’s scheduled hospital district meeting.
“There’s been a lack of communication,” Pat Frischmann said. When asked what specific information league members were looking for, she replied, “There’s no knowledge of anything, because nothing is available.”
Noting the passage of the $148 million bond measure, league members said: “To ensure reasonable public oversight of El Camino Hospital, especially at this critical juncture, we call on the district board to take immediate action to ensure that the hospital and the district conduct business more openly.”
The league is calling for:
• More access to information at public meetings in accordance with the Brown Act, the state’s open meeting law;
• “Reaffirming” the board decision to file IRS form 990 disclosing financial data for top hospital executives. and disclosing data from previous years when the form was not filed;
• For hospital representatives to meet with community members to discuss “the manner, form and content of the financial and operating information disclosed to the public … and to identify any further or different information that should be disclosed to ensure maximum transparency and to facilitate oversight.”
The letter, signed by local league president Jane Turnbull, also carries the signature of Roberta Hollimon, president of the Cupertino-Sunnyvale League of Women Voters.
In addition, the letter carries signatures from: Dr. Robert Burnett, past president of the Santa Clara County Medical Association; Dr. John Longwell, past president of the county medical association; Dr. Jerry Manoukian, chief of the El Camino Hospital Department of Medicine; Patricia Briggs, president of Professional Resource for Nurses; Tammy Buckles, Local 715 union representative; former El Camino district board member Peter Pollock; and past El Camino chiefs of staff Dr. Robert Mitchell, Dr. Susan Hansen, Dr. Robert Naylor and Dr. Karl M. Sorensen.
Hospital district board President Mark O’Connor called the letter “a wake-up call” for members to be more open with the public. “It’s very appropriate for them to ask questions,” he said. “We agree with the letter.”
O’Connor said he wants the board to schedule a hearing at its July 6 meeting to educate the public about hospital business and to answer questions. While he agrees the board can do more to promote openness, he said,
“There’s absolutely nothing going on that we feel is improper.”
Hospital spokeswoman Judy Twitchell said the hospital posts financial updates for public review at every board meeting and publishes audited financial statements in local newspapers.
