The commissioners said there was nothing improper about the discussion, although hospital attorney Aaron Brooks said he was concerned White was becoming involved in hospital personnel issues. He said White could potentially find himself in an untenable position if the complaining party were to sue Montrose Memorial Hospital.
The hospital is a political subdivision of the county. The commissioners’ only role in hospital business is appointing hospital board members and filling board vacancies, John Brooks, another hospital attorney, said.
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“I can meet with anybody I darn well want to. This lady’s a citizen. She’s a resident of the county,” he said. “I meet with people who are employees of other municipal operations and I don’t see that as injecting myself into their business.”
Henderson on Friday said his contact with the hospital’s ex-employee, Patrice Frawley, was brief and he left as soon as he realized what it was about.
“I didn’t want to become involved when I was not in a good position to deal with that kind of issue, a personnel issue,” Henderson said. “I didn’t break any confidences. I didn’t talk about any of the situation.”
When two or more commissioners meet to discuss business, it is considered a public meeting and should be so noticed. There is no right of constituent confidentiality in such situations, Denver attorney Chris Beall said.
Henderson said he and White were in the same room with Frawley for only a few minutes and he left. He said personnel issues were beyond his purview and he had not violated provisions of the open meetings law.
White also said he curtailed the conversation once he realized what it was about. He further said Frawley arranged to meet with him, not Henderson too.
“I listened to her. Ron popped in for a second to see what she had to say, and then left because she started talking to me about things that I didn’t even want to hear about,” he said.
White and Henderson spoke to Frawley in April.
According to April 22 transcripts from her restraining-order hearing, she wanted to have a temporary restraining order against Michael “Duke” Richardson, director of MMH respiratory services, made permanent.
Testimony recorded in the transcript indicated Frawley was terminated over “mis-aligned trust” between her and Richardson.
But she claimed sexual harassment — denied by Richardson — and according to court records, said she filed a complaint with the Colorado Civil Rights Division.
The hospital’s human resources director testified Frawley never brought such a complaint to her attention and said she was unaware of any investigation by the CCRD.
Aaron Brooks said Friday that, to date, the hospital has not received notice of a formal complaint.
Frawley’s request for a permanent restraining order was denied, with Judge John Mitchel also finding the temporary order should not have been issued. He said she had not proved harassment, stalking or imminent danger.
According to Frawley’s testimony, she called White, then met with him and Henderson at the county offices. She also said that on the day of the hearing, White told her she “could relay that he has had a harassing phone call as well from Mr. Richardson last week.”
Richardson’s testimony indicated the call had been made to see whether White was interested in hearing his side of the story. It hadn’t been harassing in nature, Brooks said.
Frawley said in court White did not give her advice and she didn’t speak with him about getting a restraining order. According to her testimony, he accepted from her a copy of her termination notice and the temporary protective order.
“I had a meeting with him and another commissioner as well,” she said.
“Who was the other commissioner?” Brooks asked.
“Ron Henderson,” she said. “... They didn’t tell me anything. I was there and they listened to what I had to say.”
White reiterated Friday that he stopped the conversation once it strayed to something beyond his purview.
“I want the right thing to be done, no matter what that might be,” White said. “I’m not going to interject myself into he-said/she-said.”
Citizen wrote on Jun 8, 2009 10:13 PM:
Citizen wrote on Jun 8, 2009 10:12 PM:
BaldJim wrote on Jun 7, 2009 4:35 PM:
On the contrary, almost all the patients at the hospital are taxpayers plus the payments from Medicare & Medicade come from taxpayers, along with the tanpaying employer provided health insurance.
How can we have a situation of two local government units giving the appearance of one trying "to destroy" the other?
Are sure your belief is well grounded? "
BaldJim wrote on Jun 7, 2009 4:22 PM:
Sorry, it seems a rather wild statement that the BOCC are trying "to destroy" the hospital.
What would they gain from that?
Perhaps next you can suggest what other public institution they wish to destroy. "
to bobbie and bobby wrote on Jun 7, 2009 6:23 AM:
Citizen wrote on Jun 6, 2009 8:19 PM:
Back in Context wrote on Jun 6, 2009 6:40 PM:
BaldJim wrote on Jun 6, 2009 11:10 AM:
Who is in charge anyway?
Full municipalities (towns and cities) would not be affected. But all the special districts with either elected or appointed boards should have coordinated legal services under the policy direction of the BOCC. "
BaldJim wrote on Jun 6, 2009 11:02 AM:
If the management of such a local unit - as the hospital - has an issue of contention with the BOCC, it is certainly not in the interest of frugal expenditure of tax funds for the two government bodies to enrich the lawyers by allowing them to fight it out. "
BaldJim wrote on Jun 6, 2009 10:40 AM:
Published: “I had a meeting with him and another commissioner as well,” she said.
Brooks' adversarial 'cross' was to defend the hospital and not the BOCC. It seems clear that the hospital's lawyers are hostile to the BOCC.
It seems that the BOCC should direct the (their) county lawyer to attend every court hearing involving any county unit of government. "
Francis wrote on Jun 6, 2009 2:02 AM:
We just had a, well, darn, what do we call that. Quick, let's put out another,well that won't work. I know,
what about thr truth? "
Dan wrote on Jun 5, 2009 7:46 PM:
Bald Jim: Have to read the transcripts?
Did the lady say she had a meeting with both Henderson and White at the same time? "
BaldJim wrote on Jun 5, 2009 9:23 AM:
Part of "considering the rules" is deciding if there was - in fact - any "meeting."
If two County Commissioners are in the same room, is that an official BOCC meeting? "
BaldJim wrote on Jun 5, 2009 9:16 AM:
"the story" does have to do with the relationship of the BOCC with the hospital board - among other things. "
Huh wrote on Jun 4, 2009 12:07 PM:
William wrote on Jun 4, 2009 3:52 AM:
Bobbie wrote on Jun 3, 2009 8:40 PM:
sick of it wrote on Jun 3, 2009 8:54 AM:
BaldJim wrote on Jun 3, 2009 7:46 AM:
As to governance of the citizen owned hospital, I would prefer a hospital board directly elected by the citizens of the hospital district.
That is the way the Delta hospital is governed, and it is well managed and financially independent of the county government. "
BaldJim wrote on Jun 3, 2009 7:37 AM:
Elected (and some appointed) members of governing boards have to reorient their former ideas about normal social intercourse. They have to shun and avoid social contacts with other board members or else someone will call such contact an unannounced meeting of the board. "
Newschick wrote on Jun 3, 2009 7:29 AM:
BaldJim wrote on Jun 3, 2009 7:25 AM:
The BOCC has the responsibility for holding all the persons it appoints to public office accountable for honest performance of their duties.
I'm glad to see Commissioner White paying attention to that responsibility. "
its news to you wrote on Jun 2, 2009 11:46 AM:
Stan wrote on Jun 2, 2009 7:25 AM:
Bobbie wrote on Jun 2, 2009 12:56 AM:
Brad wrote on Jun 1, 2009 1:53 PM:
Ibet there is more to this than we know. "
the oracle wrote on Jun 1, 2009 12:42 PM:
most US courts are statutory or Maritime courts so arguing a common law issue is like speaking another language. common law has been slowly replaced with statutory law, therefore laws arent actually laws, they are involuntary agreements/contracts with foreign entities, the people who impose these statutes, ie, the Corporation of the United States in DC. "
Interested Citizen wrote on Jun 1, 2009 11:34 AM:
My friend is a malpractice lawyer, and he indicates that MMH raises sovereign immunity as a defense if the notice isn't given.
Isn't it nice to have it both ways? "
George wrote on Jun 1, 2009 10:20 AM:
ICU TOO wrote on Jun 1, 2009 5:25 AM:
Dan wrote on Jun 1, 2009 2:20 AM:
Commersial.
Be sure to stay tune next week for the
continued adventure of the, TWO. "
Not Stan wrote on May 31, 2009 8:19 PM:
Fred T. wrote on May 31, 2009 3:52 PM:
Stan wrote on May 31, 2009 3:20 PM:
Hairy Jim wrote on May 31, 2009 10:25 AM:
BaldJim wrote on May 31, 2009 7:44 AM:
That's hard to believe. "