See all posts on Tri-City Healthcare.
Tri-City board fires hospital CEO
SDUT
Oct. 17, 2013
Tri-City directors say investigation led to action but decline to provide details..."The board voted 6-0 to terminate the executive’s contract, with long-serving member RoseMarie Reno abstaining. Reno sat outside Thursday as the board discussed the decision in closed session. When asked why she wasn’t in the room, Reno said: “I am an adverse witness. That’s all I can say."
COMMENT BY Kathleen Sterling:
Reno's been out of the discussions since back when the board first talked to put [Larry Anderson] on Admin Leave w/pay!!! At the time the board kicked her out informing her of her "adverse position."
Showing posts with label . Anderson (Larry). Show all posts
Showing posts with label . Anderson (Larry). Show all posts
Friday, October 18, 2013
Wednesday, September 18, 2013
Larry Anderson placed on administrative leave at Tri-City Medical Center
Click HERE for more on the story, and for video and the facts behind Anderson's pals at Becker's Hospital Review choice of Tri-City as a top 100 hospital. US News and World Report gave TRi-City Medical Center a very low score.
Tri-City Hospital puts CEO on leave
Hospital directors provided no reason for decision.
By Paul Sisson
SDUT
Sept. 5, 2013
OCEANSIDE — Hospital directors put Larry Anderson, Tri-City Medical Center’s chief executive officer, on paid administrative leave Wednesday night, according to board chair Larry Schallock.
Saying it was a personnel matter he could not discuss, Schallock declined to provide a reason for the decision.
“Larry Anderson is on paid administrative leave in relation to a personnel matter. Other than that, I have no comment,” Schallock said.
Anderson did not respond Thursday afternoon to a request for comment left on his personal cellphone. Shallock said Casey Fatch, the hospital’s chief operating officer, is serving as interim CEO.
Anderson joined Tri-City as interim CEO in late 2008, after the hospital board sidelined most of its executive team during a closed-session meeting. Most of the executives were eventually fired, though the investigation that led to that action was never made public.
Anderson has worked over the last four years to turn Tri-City’s finances around and had some success in previous years before running into financial difficulty this year. As of June, the hospital had posted a $11 million loss for the budget year that ended in July.
Though finances have sometimes been a challenge, the hospital has posted decent quality scores with Anderson at the helm. For example, the Leapfrog Group, a nonprofit that rates hospitals on a spectrum of safety measures, grades the facility a solid B.
But the CEO has come under increasing fire for his management style.
In October 2012, for example, Steven Daniel Stein, the hospital’s former vice president of legal affairs, filed a multimillion-dollar federal lawsuit against Tri-City alleging that Anderson was abusive to employees, berating some for taking time off work for medical reasons. In June a federal judge denied Tri-City’s motion to dismiss a key claim of Stein’s suit — that he was fired in fear that he would blow the whistle to authorities regarding workplace discrimination.
Background
Tri-City surgery deal falls short of projection
Hospital CEO accused of railing against medical leave
Tri-City building deal in jeopardy
Tri-City profits have tamed of late
Suit: hospital CEO berated the unhealthy
It was not clear Thursday whether the lawsuit or Tri-City’s budget shortfall had anything to do with the board’s decision Wednesday night.
Schallock declined to say how many board members voted to put Anderson on leave, how long that hiatus might last or whether there is an investigation. The hospital board met in closed session at Wednesday evening with only a discussion of “potential litigation” on the agenda.
After leaving closed session, the board did not report its decision to the public in open session.
Open meetings law requires public bodies like the Tri-City board, which is composed of seven elected directors from Vista, Oceanside and Carlsbad, to report any action taken behind closed doors. However, Greg Moser, Tri-City’s attorney, said the law does not require the board to report its vote to the public until after an employee has exhausted all possible “administrative remedies.”
Those remedies are spelled out in Anderson’s 16-page contract, which runs through Aug. 16, 2014. A clause in the document allows Anderson to terminate the agreement if the board makes “any material diminution or modification” of his duties as CEO.
Moser said Anderson’s duties did change when he was put on leave.
“He is not currently exercising all of the authority that he otherwise would have,” Moser said.
According to the contract, if Anderson terminates the agreement for cause, he would receive a severance agreement equal to 18 months of salary.
According to the state controller’s office, Anderson made a base salary of $515,553 in 2011 and a total compensation of more than $666,000 when retirement payments and other types of pay were taken into account. The hospital did not provide a more current compensation figure for the executive Thursday afternoon. It was not clear whether any potential severance payment would be calculated based on Anderson’s base salary or total compensation.
Tri-City Hospital puts CEO on leave
Hospital directors provided no reason for decision.
By Paul Sisson
SDUT
Sept. 5, 2013
OCEANSIDE — Hospital directors put Larry Anderson, Tri-City Medical Center’s chief executive officer, on paid administrative leave Wednesday night, according to board chair Larry Schallock.
Saying it was a personnel matter he could not discuss, Schallock declined to provide a reason for the decision.
“Larry Anderson is on paid administrative leave in relation to a personnel matter. Other than that, I have no comment,” Schallock said.
Anderson did not respond Thursday afternoon to a request for comment left on his personal cellphone. Shallock said Casey Fatch, the hospital’s chief operating officer, is serving as interim CEO.
Anderson joined Tri-City as interim CEO in late 2008, after the hospital board sidelined most of its executive team during a closed-session meeting. Most of the executives were eventually fired, though the investigation that led to that action was never made public.
Anderson has worked over the last four years to turn Tri-City’s finances around and had some success in previous years before running into financial difficulty this year. As of June, the hospital had posted a $11 million loss for the budget year that ended in July.
Though finances have sometimes been a challenge, the hospital has posted decent quality scores with Anderson at the helm. For example, the Leapfrog Group, a nonprofit that rates hospitals on a spectrum of safety measures, grades the facility a solid B.
But the CEO has come under increasing fire for his management style.
In October 2012, for example, Steven Daniel Stein, the hospital’s former vice president of legal affairs, filed a multimillion-dollar federal lawsuit against Tri-City alleging that Anderson was abusive to employees, berating some for taking time off work for medical reasons. In June a federal judge denied Tri-City’s motion to dismiss a key claim of Stein’s suit — that he was fired in fear that he would blow the whistle to authorities regarding workplace discrimination.
Background
Tri-City surgery deal falls short of projection
Hospital CEO accused of railing against medical leave
Tri-City building deal in jeopardy
Tri-City profits have tamed of late
Suit: hospital CEO berated the unhealthy
It was not clear Thursday whether the lawsuit or Tri-City’s budget shortfall had anything to do with the board’s decision Wednesday night.
Schallock declined to say how many board members voted to put Anderson on leave, how long that hiatus might last or whether there is an investigation. The hospital board met in closed session at Wednesday evening with only a discussion of “potential litigation” on the agenda.
After leaving closed session, the board did not report its decision to the public in open session.
Open meetings law requires public bodies like the Tri-City board, which is composed of seven elected directors from Vista, Oceanside and Carlsbad, to report any action taken behind closed doors. However, Greg Moser, Tri-City’s attorney, said the law does not require the board to report its vote to the public until after an employee has exhausted all possible “administrative remedies.”
Those remedies are spelled out in Anderson’s 16-page contract, which runs through Aug. 16, 2014. A clause in the document allows Anderson to terminate the agreement if the board makes “any material diminution or modification” of his duties as CEO.
Moser said Anderson’s duties did change when he was put on leave.
“He is not currently exercising all of the authority that he otherwise would have,” Moser said.
According to the contract, if Anderson terminates the agreement for cause, he would receive a severance agreement equal to 18 months of salary.
According to the state controller’s office, Anderson made a base salary of $515,553 in 2011 and a total compensation of more than $666,000 when retirement payments and other types of pay were taken into account. The hospital did not provide a more current compensation figure for the executive Thursday afternoon. It was not clear whether any potential severance payment would be calculated based on Anderson’s base salary or total compensation.
Thursday, September 12, 2013
Why is Tri-City Medical Center appealing the Superior Court's decisions about Kathleen Sterling?
UPDATE Sept. 30, 2013: KATHLEEN STERLING WINS IN COURT OF APPEAL
By putting CEO Larry Anderson on administrative leave earlier this month, Tri-City Healthcare gives the appearance of an institution that might be trying to mend its ways.
CEO Larry Anderson (now on administrative leave) wields his power in surprising ways.
The decision-makers for Tri-City want to make sure that elected officials see what happens if they don't go along with the political majority. The purpose isn't just to punish Kathleen Sterling, but to keep all elected officials in line.
From Attorney Scott McMillan's website:
4th Appellate Division - San Diego
750 "B" Street Suite 300
Tri-City Healthcare District et al vs Kathleen Sterling
September 12, 2013 1:30 for Oral Arguments
See all posts re Kathleen Sterling. Kathleen Sterling's representatives are attorneys Charles Kagay (San Franciso) and Scott Mc Millan (La Mesa).
Daley & Heft law firm (Lee Rosch....?) argues for Tri-City. Tri-City appealed Judge Mills' finding of facts in the 8 restraining orders filed against an elected official who simply did her job, asking questions. Meanwhile the Procopio, Cory, Hargreaves & Savitch law firm (Board general counsel firm) have been paid for billable hours...Mitchell D. Dean, Daley & Heft is also listed on the court website.
Bret Hunt comment:
Wow! All the Tri-City patients will pay for this ridiculous appeal!
Clearly, patients have paid quite a bit more since the following article was written two years ago:
By putting CEO Larry Anderson on administrative leave earlier this month, Tri-City Healthcare gives the appearance of an institution that might be trying to mend its ways.
CEO Larry Anderson (now on administrative leave) wields his power in surprising ways.
The decision-makers for Tri-City want to make sure that elected officials see what happens if they don't go along with the political majority. The purpose isn't just to punish Kathleen Sterling, but to keep all elected officials in line.
From Attorney Scott McMillan's website:
July 22, 2011 - Superior Court Judge dismisses three of six counts against client Kathleen Sterling as they violate her rights to Free Speech.Trustee RoseMarie Reno was so taken aback by the fact that the Superior Court judge wasn't impressed by the hospital's evidence that she suggested that the judge might have taken a bribe. She quickly withdrew the comment, but does not seem to have improved her thinking skills.
On March 3, 2011, Tri-City Healthcare District filed the lawsuit against Hon. Kathleen Sterling, Director, seeking $100,000 in damages, based on the same set of facts that Tri City based its earlier restraining order proceedings upon. The suit alleged, in part, that her comments and actions were damaging the hospital’s business reputation and that she had injured several hospital personnel during an incident before a board meeting on Feb. 24. Superior Court judge in Vista issued a ruling on July 22, 2011, that struck down part of a civil lawsuit filed by Tri-City Medical Center against board member Kathleen Sterling on that grounds that it appears to violate her constitutional right to free speech. Judge Earl H. Maas ruled three of six counts in the suit are attempts to stop her from participating in hospital board meetings and speaking about hospital-related business.
The counts affected by the judge’s ruling are trespassing, injury to Tri-City’s business reputation and a request to legitimize seven sanctions against Sterling. Although stayed pending the outcome of the appeal on the denial of the restraining orders, three additional counts of battery, assault and negligence are substantively unaffected by the judge’s ruling. [Maura Larkins' comment: These charges were later dropped.]
April 04, 2011 - Client Kathleen Sterling defeats efforts to keep her from her post at Tri City Healthcare District
A judge refused Monday, April 4, 2011, to grant permanent restraining orders against Tri-City Healthcare District Director Kathleen Sterling, saying there was no clear and convincing evidence that Sterling posed a risk to the safety of board members or employees at the Oceanside medical center. Scott McMillan and Kerry Eskenas represented Director Sterling against lawyers of the tony Procopio law firm of San Diego.
4th Appellate Division - San Diego
750 "B" Street Suite 300
Tri-City Healthcare District et al vs Kathleen Sterling
September 12, 2013 1:30 for Oral Arguments
See all posts re Kathleen Sterling. Kathleen Sterling's representatives are attorneys Charles Kagay (San Franciso) and Scott Mc Millan (La Mesa).
Daley & Heft law firm (Lee Rosch....?) argues for Tri-City. Tri-City appealed Judge Mills' finding of facts in the 8 restraining orders filed against an elected official who simply did her job, asking questions. Meanwhile the Procopio, Cory, Hargreaves & Savitch law firm (Board general counsel firm) have been paid for billable hours...Mitchell D. Dean, Daley & Heft is also listed on the court website.
Bret Hunt comment:
Wow! All the Tri-City patients will pay for this ridiculous appeal!
Clearly, patients have paid quite a bit more since the following article was written two years ago:
Legal tab against Tri-City trustee tops $100,000
District’s effort against board member is many-pronged
By Aaron Burgin
June 3, 2011
Oceanside — The Tri-City Healthcare District since March has spent more than $105,000 and employed nearly a dozen attorneys from three law firms in legal actions against one of its elected board members.
A judge in April denied the district’s request for a restraining order against the board member, Kathleen Sterling, who they say assaulted several hospital security guards at a Feb. 24 board meeting. The district is appealing.
Officials are suing Sterling for $100,000, alleging that her disruptive behavior has damaged the district’s reputation and embarrassed employees.
Sterling has filed counter actions, including a claim that the district is suing to silence her, and a suit to recoup her legal fees.
Legal and political experts said that while numbers are not out of the ordinary for the number and complexity of the litigation, the fact that a public district has taken these measures against an elected board member is extremely rare.
“In my 40 years in observing government, I haven’t seen anything like this,” said Bob Stern, the president of the Los Angeles-based Center for Governmental Studies and a longtime political observer. “Then again, the behavior that is alleged is unprecedented for an elected official.”
Sterling, a three-term board member who was re-elected in 2008, has frequently clashed with fellow board members, hospital administrators and staff. The district has censured her eight times for what officials call a pattern of disruptive behavior, including calling fellow board members “Nazis” and attempting to tape record closed-session meetings.
As part of her censures, Sterling has forfeited her $100 meeting stipend and must attend board meetings from a separate conference room via teleconference.
By seeking a restraining order, the hospital hopes to make Sterling stay at least 100 yards away from her colleagues and be banned from hospital property except in a medical emergency. She would have to attend meetings from another building, not just another room.
District officials said they have had to hire outside legal firms because of the number of issues they face with Sterling. They said they expect the tab to rise, but said it’s worth it to restore order to the board and keep the public safe.
“You can’t put a price on the public’s safety,” said board member Charlene Anderson, who compared Sterling to Jared Loughner, who seriously injured U.S. Rep. Gabrielle Giffords in a Jan. 8 mass shooting in Arizona. “Those people (in Arizona) would’ve gladly given $70,000 to stop him. I am that afraid something like that could come up with Sterling.”
Sterling said such allegations are ridiculous, part of ongoing district efforts to ostracize her for not being a rubber-stamp vote for CEO Larry Anderson.
“I feel I’ve been targeted because I ask questions and request supporting documents before I make an informed voting decision,” Sterling said. “But they are taking the district’s limited resources and shifting it into the lawyers to use the legal system as a bully pulpit and doing it taxpayers expense.”
Sterling’s attorney, Scott McMillan, called the district’s spending on the actions frivolous.
“What an abysmal use of taxpayer money,” McMillan said. “And for what? How much money are they going to spend before someone says enough is enough?”
McMillan said the spending is questionable because district voters have a mechanism to oust Sterling — a recall election — which no one has attempted. A recall election would cost the district $270,000 for a mail-in ballot or $860,000 for a precinct election. The district could not sponsor such an election, but district voters could.
“If they have a problem with Kathleen Sterling, they need to bring it to voters, not bring it to a judge,” McMillan said.
According to invoices provided from Procopio, the district’s contract legal firm, the firm billed the district $68,445 between March 1 and April 30, including more than $54,000 in attorneys fees for 166 hours of work and $14,000 in legal-related expenses. This does not include costs incurred during May, when the district filed its appeal. Five attorneys, who bill at $335 an hour, a clerk and a paralegal have worked on the restraining order for the firm.
The district hired Michael Curran of Encinitas-based Curran & Curran for the lawsuit. Curran billed the district $3,060 for work from Feb. 28 to March 3, but the district is expecting another bill in coming days. Curran bills at $360 an hour.
Sterling has filed a countermotion against the district that claims that the district legal actions are a “strategic lawsuit against public participation.”
Tri-City on April 21 hired a third firm to assist Curran on Sterling’s claim and other aspects of the dispute. Encino-based Horvitz and Levy has billed the district $33,559 for work performed from April 21 to May 30, Tri-City legal counsel Allison Borkheim said. Four attorneys have worked on the Sterling case, who bill the district from $290 to $460 an hour...
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