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The San Benito County Board of Supervisors voted unanimously Aug. 6 to challenge the San Benito Health Care District’s ballot language regarding the lease-purchase of Hazel Hawkins Memorial Hospital.
County Counsel David Prentice said the supervisors directed staff to pursue a writ of mandate that would disqualify the language from appearing on the Nov. 5 ballot.
Before the supervisors went to closed session, San Benito County District Attorney Joel Buckingham, who said he was speaking as a registered voter and not in his official capacity, voiced concern over the ballot question.
The question that was approved July 31 by the San Benito County Health Care District board July 31 reads: “Without increasing taxes and to continue providing local access to lifesaving emergency medical care, surgery, radiology, long-term care, mother/baby care, clinic and physician services at Hazel Hawkins Memorial Hospital, shall San Benito Health Care District’s measure be adopted, leasing (with option to sell) certain District real property assets and selling substantially all other District assets to nonprofit Insight Health Foundation of California, Inc. (or another qualified buyer) for fair market value, determined by independent appraisal, ensuring citizens’ oversight and continued hospital services in San Benito County?”
Buckingham said the language is misleading, because it states the opposite of what the measure would do.
“Voters are given the impression that they will retain the power to decide whether or not the hospital shall be sold or not at the end of the lease,” he said, “when the reality is that that choice or power will be solely in the hands of Insight.”
BenitoLink asked the hospital district to respond and did not receive a comment by the publication deadline.
In a letter to the health care district, which governs Hazel Hawkins, and shared with BenitoLink, Buckingham identifies the phrase “leasing (with option to sell)” as “misleading and/or argumentative.”
In the letter Buckingham also challenges the phrase “ensuring citizens’ oversight,” stating he could not find any part of the agreement which does that.
“Perhaps the board is referring to the independent appraisal, which, in my opinion, does not ensure citizens’ oversight but instead only ensures that the price paid may be fairly considered fair market value,” he wrote.
Buckingham proposes rephrasing the ballot language to: “Shall San Benito Health Care District’s measure be adopted, leasing and granting to nonprofit Insight Health Foundation of California, Inc. the option to buy certain District real property assets and selling substantially all other District assets to Insight (or another qualified buyer) for fair market value, determined by independent appraisal?”
Chief Deputy Clerk-Recorder Ana De Castro Maquiz told BenitoLink the 10-day public inspection period when ballot measures can be challenged begins Aug. 10.
According to California Election Code 9190, “Any voter of the jurisdiction in which the election is being held, or the county elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted.”
The ballot question was changed July 31 by the health care district to make it “more specific and more clear,” according to its counsel Heidi Quinn.
The health care district voted June 5 to pursue negotiations for the hospital with Michigan-based Insight Health Systems in a lease-purchase deal, thereby rejecting San Benito County’s proposal to form a joint powers authority to govern the hospital in an alliance consisting of the health care district, the county and possibly other interested public entities.
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