Saturday, January 24, 2009

Two commissioners meet with attorney and several plaintiffs in hospital lawsuit

Julia M. Dendinger News-Bulletin Staff Writer; jdendinger@news-bulletin.com

After hearing four Rio Communities citizens express their concerns about the county hospital project, Commission Chairman Pedro Rael announced he had an update on the mediation on the litigation of the project.

He did specify that his comments were not in response to the people who had spoken at the Wednesday meeting.

"A meeting was held recently at Henrietta's with the plaintiffs' lawyer (James Lawrence Sanchez), five of the nine plaintiffs, Commissioner (Don) Holliday and myself," Rael said. "Discussion was opened."

He reported that the possible solutions to the litigation discussed included placing an emergency care facility on each side of the river. The facilities would contain an emergency room or 24-hour urgent care with emergency room doctors and ambulance service.

A second option discussed was two such facilities on the west side of the river because of good access to Interstate-25.

"The subject of giving the tax money back also came up," he said. "I have asked the county treasurer to look into the expense of returning the money. I don't know what the exact numbers are, but I feel it would be very expensive."

Rael said that all the parties involved in the meeting felt the money should not go to an Albuquerque hospital. "Everyone felt the money should stay in Valencia County since it is Valencia County taxpayer money," he said.

The chairman said informational requests had been made of Presbyterian, Lovelace and University of New Mexico health care systems to see if they could meet the parameters discussed.

Rael also said that, as a matter of legal discussion, the commission could stop, reduce or suspend the mill levy.

He went on to say that regular meetings will occur and, when the information comes back from the three hospitals, he will update the commission and the public. "Any documentation that is generated will be made public," Rael said. "So far, there hasn't been any documentation."

Commissioner Ron Gentry said he didn't want to be confrontational but called Rael's announcement of the meeting a surprise. "I didn't realize you and Mr. Holliday were designated to do the mediating for the county," he said.

"Just two weeks ago, you were two of the three people who voted to direct our counsel of record, Mr. (Art) Melendres, to enter into mediation. I thought the vote was to have our attorney enter into mediation with the court of appeals mediator."

Gentry went on to say that the meeting was done in the absence of anyone who supports or advocates for the hospital, calling it a "one-sided mediation" with no one there to support the hospital.

Rael countered that it was an informational meeting to "open the door" and discuss different options. "We talked about everything from the hospital to returning the money," he said. "The primary discussion was mostly in between. If it becomes important enough to become official, it has to be brought back to the commission, the court of appeals mediator and the court. This is not binding on anyone."

Commissioner David Medina also pointed out that Rael and Holliday were amongst the individuals who voted to go to mediation. "Since neither Mr. Gentry or myself were not offered to attend these meetings, I don't want this thing railroaded out," he said.

Rael did note that if a third commissioner had been present, the meeting would have to have been made public.

Gentry said since he and Medina were not made aware of the meeting nor given the opportunity to participate in any informal mediations, he would invite Medina, the defendants and their attorney to a meeting and mediate in favor of the hospital and report back "if that's the game we're gong to play."

In July of last year, commissioners voted 3-2 to enter into a contract for county health care facilities with the local nonprofit group Valencia Health Commons (VHC).

Along with the contract, which was originally presented to the commissioners in April, the commission also approved a supplemental agreement.

The supplemental agreement says that both parties, the county and VHC, recognize that there is an appeal pending on a civil case filed in district court challenging the validity of the contract.

However a 3-2 vote by the commissioners at their Jan. 7 meeting suspended that appeal and sent the matter into mediation.

VHC president Bob Davey said the nonprofit has not been invited to discuss anything with anyone. "When we understand what the commission is doing and it becomes clear that we're affected, we're ready to be involved," he said in a phone interview Thursday.

Public comments

Not knowing that Rael was going to give an update on the informal mediation efforts of himself and Holliday, four residents of Rio Communities took their two minutes and voiced their concerns about what some of them perceived to be the loss of the hospital project.

L.E. Rubin, the former fire chief of Rio Grande Estates Fire Department, said he had concerns over what is going on with the hospital issue. "I believe everyone present knows what we voted to have - a hospital," he said. "I am concerned it may be being bargained away. I don't want that to happen. This is something we desperately need."

Dr. Joseph Rizzo, a retired physicist, began his remarks by reminding those at the meeting that a previous county commission decided that it was in the best interests of Valencia County to build a hospital and locate it on Manzano Expressway.

"This was brought to a public vote. I remember voting for the project, and it passed," he said. "In the United States, the vote of the public is sovereign and final. This rule of law also applies to Valencia County."

Rizzo went on to say that most citizens do not understand that mediation really means to negotiate an out-of-court settlement. "As the whole purpose of the lawsuit is to prevent the establishment of this facility in the southern part of the county, the only possible compromise is to agree to not build this hospital," he said. "This would violate the mandate of the people, which demands that this facility be built in the approved location. To divert the funding to any other purpose is an outrage and improper at the very least."

He then demanded that no such mediation take place. "A vote to build a hospital or 24-hour emergency facility is final. This commission does not have the right to override the public will," Rizzo said. "This commission is empowered only to see to the details of its implementation. If any other course of action is taken and once the public understands what is happening, the rage of the public will descend on this commission."

Clarke Metcalf said he was one of the people who is very angry about the issue. "We need a hospital. By not moving forward, it is a great sin against the public," he said. "If you don't want a hospital, give the money back. If you want something else, put it on a ballot and take it to a public vote like you did the hospital, but don't steal the money from the people who want a hospital."

Liz Sagrestano, the RCA president, pointed out that in the past year, the southern part of the county has lost two businesses - Solo Cup and Tillery Chevrolet. "We cannot afford to lose the hospital for the business, services and people it would move to Rio Communities, not to mention the convenience," she said. "It would be closer to drive to Rio Communities than Albuquerque. How many lives could have been saved?

"When they took my mother to the hospital in Albuquerque, they had to stop on the side of the road twice to revive her. If there was a hospital in Rio Communities, she might be alive today. I'll never know."

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