Wednesday, April 23, 2008

Battling cancer, he's now losing insurance

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

Adelino A year after being diagnosed with cancer and four surgeries later, Floyd Montoya is leaving the sheriff's department and his position as undersheriff.

Montoya was diagnosed with colon cancer in March 2007. Doctors initially told his wife, Carmen, that they didn't think he would live another three months. While his cancer has spread, Montoya continues his battle with the help of modern medicine, his family and his faith.

The veteran lawman has worked on and off for the Valencia County Sheriff's Department for the past 24 years. Montoya says he's now frustrated that, as he is recovering at home and going through yet another round of chemotherapy, he's faced with retiring from a job he's loved.

As he sits in his recliner in his home in Adelino waiting for his nurse to arrive to change his dressings, Montoya is tired, struggling to stay awake. He's not eating very well, and he's lost about 80 pounds in a matter of four months.

"This is just kicking my butt," Montoya says of the cancer. "My body is so weak, and I'm just so tired all the time. It's frustrating because I want to go outside and do something, but I can't. I just hurt too much."

Because of Montoya's health problems, he's been forced to miss a lot of work. In that time, he's exhausted all his sick and annual leave as well as the time allotted under the Family Medical Leave Act. He has also used all the hours deputies and other county employees donated to him.

Earlier this month, Montoya received a letter written to Sheriff Rene Rivera from the county's human resource department regarding the undersheriff's employment. The letter stated that Montoya had utilized all his time off and if he had a doctor's permission allowing him to return to work, it was then up to the sheriff to reinstate him or not.

Montoya said because Rivera wouldn't reinstate him to the position he had before as undersheriff, he's been forced to retire.

"I can't blame him (Rivera) in a way," Montoya said. "He says he needs someone there 24/7. I just feel that I'm being punished for getting cancer. I've been let down by Rene."

Rivera, who named Montoya undersheriff after winning the election nearly two years ago, said when Montoya first became ill, many of the deputies began donating time.

"All that donated time ran out on March 1," Rivera said. "I was able to gather some more time for Floyd, enough until the end of March. But on the first of April, he was all out and I couldn't get any more time from the people who donated — they can only do it for so long."

Rivera said that at that time, he went to Montoya and gave him four options for his possible return to the sheriff's department. Rivera said he offered him positions in court security, in vehicle maintenance, where he would be in charge of purchase orders, or in the department's civil division. The sheriff said the fourth option he offered Montoya was medical retirement.

"He (Montoya) said he would think about it, and a week or two later, he said he was going to retire if I wouldn't reinstate him as undersheriff," Rivera said. "I had no other choice. He said he would only be able to come in one day a week (as undersheriff), and I just couldn't do that. I need an undersheriff here to help me with administrative work."

Montoya, on the other hand, said he feels he could go back to work a few hours a day, a couple of time a week doing his job as undersheriff. With the time he already has in and his age, Montoya is now retiring, something that he says he's being forced to do.

"Now I have no insurance, and I don't know what I'm going to do," Montoya says. "I tried for a medical retirement, but I didn't qualify. I owe, and I'm estimating on the low side, about $30,000 in doctor and hospital bills. Without insurance, I won't have enough money to buy my pills — my chemo pills alone are $1,100 a month."

Rivera said while he understands why Montoya is frustrated, he has not only been performing his duties as sheriff, but has been working 16 hours a day to make up for not having a full-time undersheriff in the office.

"I feel very bad for Floyd, but the sheriff's department is a business and we need to keep it going," Rivera said. "We can't allow the sheriff's department to fold. We've been friends for a long time, and we became very close friends, but I need someone here who can help me run this department."

Rivera said his hands are tied and that he has tried to help Montoya as best he could in the last year.

"Some of the individuals who were donating leave can't donate anymore," Rivera said. "Floyd was never fired; he was given other options in which he refused and took the retirement. In fact, we're having a retirement party for him on Friday."

Montoya did say that he is planning to attend the party if he's feeling well enough to do so.

Montoya's wife, Carmen, said it's been hard, especially because her husband isn't getting any better. She said while she's worried about the finances, she's concentrating on Floyd's health and making sure he's comfortable.

"I'm not real happy about it, but it has to be done," Carmen said of her husband's retirement. "I just want everyone to understand that Rene has been real good to us, and I think this is something that he had to do — it's not something he wanted to do."

"I loved my job," Montoya said. "I'm not angry at Rene; I'm just disappointed."

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