Senator Rodriquez Urges Governor to Recall Decision to Terminate GMH Board, Suggests Guam Law May Have Been Violated

184

Guam -The Legislature’s Health Committee Chair, Senator Dennis Rodriquez,  says Governor Eddie Calvo may have violated Guam law by terminating the Board of Guam Memorial Hospital last week and he is calling on the Governor to “recall” his decision.

In a letter to the Governor, the Senator  refers to Public Law 30-19, which, states, in part:  “When there is a change of administration of the government of Guam after a gubernatorial election, no courtesy resignation shall be requested by the new administration nor offered by any member of the Board”. The law further states, in part: . . . the term of employment for the position of Administrator shall not end six (6) months prior to nor six (6) months after an election for Senators, and Governor and Lt. Governor”.

Read Rodriquez’s Letter to Governor Calvo

What that means,  writes the Senator, is that the law provides for and establishes a Trustees Nominating Council which has “the sole duty and responsibility to identify, evaluate, and nominate all qualified candidates for membership on the Board of Trustees of the GMHA.”

Rodriquez writes that if  the Governor intends to place a legislatively confirmed Board in place at GMHA, he should recall his decision to terminate “the former duly confirmed members of the Board, so that a Trustees Nominating Council can be empanelled, and the spirit and provisions of P.L. 30-190 may be followed.”

Press Release–Letter to Governor Calvo: Clarification on GMHA Takeover

Inbox
X

Reply
|

Clifton Herbert

 to bcc: me

show details 2:12 PM (22 minutes ago)
Below please find the the letter and its copied attachment.Thanks 

Ufisinan Todu Guam

S E N A T O R   D E N N I S   G.   R O D R I G U E Z, Jr.

I Mina’trentai Unu Na Liheslaturan Guåhan

CHAIRMAN, COMMITTEE ON HEALTH & HUMAN SERVICES,

ECONOMIC DEVELOPMENT, SENIOR CITIZENS AND ELECTION REFORM

 

 
 

February 21, 2011

 

Honorable Edward J. B. Calvo

I Maga’lahen Guahan

RJB Governor’s Complex

Adelup

 

Dear Governor Calvo,

 

Buenas yan Hafa Adai!

 

Your recent takeover of the Guam Memorial Hospital Authority (GMHA) has many in the community confused, and/or concerned, as to the need for such actions.  By invoking your Organic Act Authority you have essentially taken over the management and day-to-day operations of GMHA.  However, you subsequently appointed individuals to sit as members of the Board of Trustees to assumedly set the direction and policy of management, notwithstanding Public Law 30-190.

 

As you know, Public Law 30-190, which you and then Senator Ray Tenorio, as well as the thirteen other members of the 30th Guam Legislature passed, provides for mandating the autonomy of the Guam Memorial Hospital Authority.  Further, P.L. 30-190 states, in part:  “When there is a change of administration of the government of Guam after a gubernatorial election, no courtesy resignation shall be requested by the new administration nor offered by any member of the Board”. The law further states, in part: . . . the term of employment for the position of Administrator shall not end six (6) months prior to nor six (6) months after an election for Senators, and Governor and Lt. Governor”.

 

In the event of vacancies on the Board of Trustees, §80105.5 of P.L. 30-190 provides for and establishes a Trustees Nominating Council with the sole duty and responsibility to identify, evaluate, and nominate all qualified candidates for membership on the Board of Trustees of the GMHA, for your consideration.  Though I acknowledge that you are the ultimate authority to nominate, the good intent of the public law is quite clear in that a process was prescribed by law, and should be followed, so as to insure the highest quality of candidates.  Again, Sir, a law you affirmatively voted for in the 30th Guam Legislature.

 

Although I respect and understand your prerogative to invoke your Organic Act Authority, which ‘trumps’ local Guam law, the special message you provided to the public announcing the changes at GMHA is a bit confusing.  You stated that the individuals you selected as members of the Board of Trustees are “pending legislative confirmation”.  If you are in fact acting upon your full Organic Act Authority, only you as governor need act as the Board of Trustees, and may designate anyone you so please to serve on your Board, and solely at your pleasure.  However, it seems, and please correct me if I am wrong, that you intend to place a legislatively confirmed Board in place at GMHA.  If this is the case, I urge you to recall your termination of the former duly confirmed members of the Board, so

 

 

 

 

 

 

Page 2, letter to Honorable Edward J. Calvo, Governor of Guam

RE:  Clarification on GMHA takeover

21 February 2011

 

 

that a Trustees Nominating Council can be empanelled, and the spirit and provisions of P.L. 30-190 may be followed.

 

As you are aware, I do not agree that a new Board or management team will miraculously (and instantly) solve the longstanding challenges facing our only civilian hospital.  However, this is a decision that you as governor have made, and we as legislatively policymakers must work with.  The pronouncement of your interim GMHA administrator, that in 30-60 days a financial turnaround will occur, is indeed welcomed news – but somewhat perplexing, when you consider the historic length of time prior administrations’ and legislatures’ have been working towards a solution.  And progress has been made by way of Joint Commission accreditation.  However, as you know, a significant portion of the financial shortfalls at GMHA are directly due to long-outstanding receivables from government of Guam agencies.

 

I strongly urge and encourage you to engage the Guam Legislature in a cooperative joint-branch of government effort, and share your strategy on the 30-60 day turnaround solution as soon as possible.  I cannot overstress my willingness and commitment to work collaboratively in dealing with our hospitals challenges.  My office was actively working with the former Board and management, and notwithstanding the sudden changes, I am confident that the 31st Guam Legislature remains ready to assist, through proactive policy legislation, in the resolution of challenges problematic to the development of a Guam Memorial Hospital Authority the people of Guam desperately require, and deserve.

 

Should you have any questions or concerns, please do not hesitate to contact my office.

 

Dangko-lu na si Yu’os ma’ase.

 

Senseramente,

 

 

 

DENNIS G. RODRIGUEZ, JR.

 
###
 
 
 
Clifton Herbert
176 Serenu Avenue Suite 107 Tamuning, Guam 96931
 Telephone: 671.649.8638  
 Email:  Cherbert.senatordrodriguez@gmail.com

 
 

This e-mail may contain data that is confidential, proprietary or non-public personal information, as that term is defined in the Gramm-Leach-Bliley Act (collectively, Confidential Information).
The Confidential Information is disclosed conditioned upon your agreement that you will treat it confidentially and in accordance with applicable law, ensure that such data isn’t used or disclosed except for the limited purpose for which it’s being provided and will notify and cooperate with us regarding any requested or unauthorized disclosure or use of any Confidential Information.
By accepting and reviewing the Confidential information, you agree to indemnify us against any losses or expenses, including attorney’s fees that we may incur as a result of any unauthorized use or disclosure of this data due to your acts or omissions. If a party other than the intended recipient receives this e-mail, he or she is requested to instantly notify us of the erroneous delivery and return to us all data so delivered.

 

 

2 attachments — Download all attachments   View all images  
SCAN0013.JPG SCAN0013.JPG
911K   View   Download  
SCAN0014.JPG SCAN0014.JPG
627K   View   Download  
Reply
Forward