See all Leslie Devaney posts.
Stutz law firm attorney Leslie Devaney says the law requires that an employee be told a day ahead of time if his/her employment will be discussed at a board meeting.Tri-City's new lawyer, Julie Biggs, said that employees must be given notice only if disciplinary action is being discussed. She said that the action was not disciplinary.
I think it's also important to note that the board wanted to do a forensic audit. The worry is that a whole lot of documents might have been removed from the hospital during the 24 hours after giving notice to Tri-City top dogs.
Sorry, Ms. Devaney. I don't think the board members you railed against are going to jail for failing to give notice ahead of a forensic audit.
North County Times
Lawyer for executives said they should have been given notice of Dec. 18 action
By PAUL SISSON
January 6, 2009
"If you don’t give 24 hours' notice, then it’s null and void and against the law," Devaney said at the meeting.
Julie Biggs, the board’s recently-appointed attorney, said Tuesday that she disagreed and has not advised the board to reinstate the executives or issue a public apology, as Devaney demanded Monday night.
Biggs said the decision to put administrators on leave came during a discussion of potential litigation in closed session. She said the board would only have to give prior notice and list allegations if it were taking a disciplinary action against the employees.
"No complaints or charges have been taken up," Biggs said. "This is not a disciplinary action."
Devaney said that she believes any action, not just a disciplinary one, against an employee requires the same advance notice.
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