Councilman Sean Paige wants City Attorney Patricia Kelly to investigate whether officials at Memorial Health System broke the law by using public resources for political purposes.
A number of politically related actions by Memorial seem “to violate the widely recognized prohibition against using public funds and assets for political purposes,” Paige said today in an e-mail to Kelly.
Here is the e-mail Paige sent to Kelly requesting the investigation:
Dear Pat:
A number of items came to my attention this weekend that again raise concerns about whether public resources are being improperly used for political purposes in regard to the Memorial ownership issue. These activities appear to me to violate the widely-recognized prohibition against using public funds and assets for political purposes. I ask that you to investigate the following matters and explain, citing the law, why they do or don’t constitute prohibited political activities.
I received calls over the weekend from several people about radio ads run during the CC hockey game – I didn’t hear them myself and don’t yet have a transcript — touting the potential change of Memorial ownership, which in my view became a political issue many months ago. I know you’ve said before that this won’t become a political issue, technically, until something is officially on the ballot, but I respectfully disagree with that analysis and think that leaves the door open to a lot of mischief. The PERA revelation momentarily sidetracked the effort to put an ownership question on the April ballot, but it’s been a political issue, in my view, since the commission recommendation was made. Plus, this council voted in support of putting the recommendation before voters – why wouldn’t that vote trigger the prohibition against politicking from taking effect?
The second item that came to my attention was a publication by Memorial of an election guide, which specifically references candidate positions on the ownership issue (and which misrepresented the position of the so-called Reform Team, according to Mr. Bruce). Alleged misrepresentations aside, I find it highly improper and irregular for a city-owned enterprise to be publishing any sort of election-related materials or “guide,” since I have always believed public entities should remain officially neutral on such matters. I might be wrong, but this seems not just inappropriate but unprecedented. Are you aware of any other instances in which city enterprises have published voter guides? What is your legal opinion on the propriety of doing so?
Finally, I was just provided a copy of an email — pasted below — that appears to have been sent to Memorial staff last Thursday or Friday, urging them to lobby state legislators against a bill that would amend the Hospital Transfer Act in a way that potentially benefits this city. The bill was introduced last Thursday from what I understand (though Memorial’s efforts to lobby against it predate that by weeks). This clearly constitutes lobbying, and the recruitment of public employee into lobbying, on what’s also clearly a political issue. I would ask that you investigate this matter and render a judgment on the legality/propriety of it as soon as possible.
Please also indicate which of these activities, if any, were cleared with your office before they were undertaken. And if you signed-off on them, I would appreciate knowing the details of those exchanges. Thanks in advance for your swift and diligent attention to these matters. And please give me a call if you need clarification on what I’m seeking.
Sean Paige
Below is the Memorial email:
From Cari Davis
Today 01:19 PM
Subject: Urgent Legislative Issue–Your Help Needed!
We need your help with an important legislative issue!!! And we need it now!
Please consider contacting the five legislators listed below regarding
SB11-202, designed to change the Colorado Hospital Transfer Act! Note that
Sen. Cadman is the bill sponsor and a member of our local delegation.
This bill, if it passed, would make it so that monies from a sale of
Memorial could be used for ANY purpose, not just health care. We are
opposed to this legislation as we believe that any money generated from
patients should remain dedicated to health care.
Exercise your right to express your opinion with your legislators. Read the
bill (attached below), form an opinion, and express it with the Colorado
State Senate’s Local Government Committee (names, contact info below).
Thanks. We need your action now. AND….please tell your neighbors,
friends, co-workers about this so they can take action as well.
* * *
URGENT CALL TO ACTION
Legislative Action Alert: Colorado Hospital Transfer Act
Legislation aimed at changing the current Colorado Hospital Transfer Act
has been introduced into the Colorado Senate (SB11-202). We urge you to
contact the Senate Local Government Committee members (listed below),
asking them for a “no” vote on SB11-202.
The original intent of The Colorado Hospital Transfer Act was to ensure
that proceeds from any sale of a nonprofit hospital to a for-profit
organization would be reinvested to protect the health care needs of the
community.
The current proposed legislation would change the law to allow the proceeds
from the sale of any county- or municipally-owned hospital to a for-profit
corporation to be siphoned off for any use approved by the voters.
This bill has profound implications for hospitals, health care and
communities throughout Colorado.
If this bill passes, and Memorial Health System is sold to a for-profit,
three key things happen:
1. An estimated 700 jobs currently in Memorial’s support services
departments could be eliminated.
2. Local decision-making on health care could be taken from the community.
3. Profits could leave our community, go to corporate, and be redistributed
throughout the for-profit system and/or to its shareholders/investors. This
means money paid by local patients for health care would leave our
community.
Contact the following legislators now—Tell them that you are opposed to any
change in the Colorado Hospital Transfer Act and urge them to vote “no” on
Senator Cadman’s bill (SB11-202) to amend the Colorado Hospital Transfer
Act.
Senate Local Government Committee Contact information:
Chair Senator Joyce Foster
Capitol Telephone Number (303) 866-4875
Email: joyce.foster.senate@state.co.us
Vice-Chair Senator Jeanne Nicholson
Capitol Telephone Number (303) 866-4873
E-Mail: jeanne.nicholson.senate@state.co.us
Senator Dr. Irene Aguilar
Capitol Telephone Number (303) 866-4852
Email: irene.aguilar.senate@state.co.us
Senator Bill Cadman
Capital Telephone 303-866-2737
E-mail: bill.cadman.senate@state.co.us
Senator Ellen Roberts
Capitol Telephone Number (303) 866-4884
Email Address: ellen.roberts.senate@state.co.us
Group email distribution list, in case you’d like to send them a group
email:
joyce.foster.senate@state.co.us;
jeanne.nicholson.senate@state.co.us;
Irene.aguilar.senate@state.co.us;
bill.cadman.senate@state.co.us
Ellen.roberts.senate@state.co.us;
* * *
Sean’s got my vote!
Are you a little upset because they did not endorse you Sean?
Councilman Paige should do some more research before he states his opinion as something of an official policy toward the exercise of First Amendment rights by Memorial Health System officials. The governing charters of MHS- approved by City Council in 2008 – call for the Board of Trustees to take positions on legislation impacting the health system. That said, after taking that position what happens next? I suggest it is necessary to communicate that position to those most impacted – in this case employees of the health system. While we can take Sean’s stated position as being in the interests of the community at face value, who will speak for the long term health and wellness interests of the community? Neither legislator cited as sponsors of the bill to amend the Hospital Transfer Act chose to consult with MHS leadership on potential impact of the klegislation. The system’s action in informing the public and its employees is simply an exercise of constitutial right and charter direction.
Hoosier65 is spot on. Use the money from the sale for other purposes and screw the long term health of the community. Real smart idea. Councilman Paige is nothing but a publicity pig. There isn’t an issue he doesn’t jump into to get his name in the paper. His name appears in the Gazette more not than when he was the Editor for the Gazette. Someone tell him to shut up and get to fixing the ills of the city. Sen. Cadman is a puppet for HeathOne. He is also a disgrace to the Republican Party. He needs to recalled.
Now we got two babies crying on the floor – in the hospital, no less!
Memorial employees have First Amendment rights, individually speaking, but that’s not the issue here.The issue is whether government entities and government officials are entitled to use public funds for political and lobbying activities — in this case, very self-serving lobbying activities. That is inappropriate as far as I’m concerned. Memorial’s status is a decision for voters to make, free from interference of interested parties on the inside who want to turn a city-owned asset into their personal playground.I’m glad someone on this council has the nerve to ask these questions, since the rest of them are just go along with the program types who accept whatever staff wants. I’m glad we have at least on real watchdog on city council.
Some of the people posting negative comments are probably on Memorial’s payroll, and resent anyone on council exercising any real oversight.
Dear Pat,
I have no clue what I’m talking about, as usual, but can you drop everything and look into what is probably not a violation immediately. Also, please be advised that I honestly don’t care about the results, but that I will be forwarding this email, and the other one, that I read but that has too many big words for me to understand, to the tabloid for free publicity ASAP.
Thanks bunches,
the haircut
Thank goodness someone is monitoring our city enterprises. Memorial has had all kinds of management problems over the years, from cost overruns on construction projects to giving half a million dollars away for golf tournaments. I’ve heard that many doctors are bailing out of there as fast as they can. Why would we want to give this enterprise away to the clowns and incompetents in charge? Publishing an election guide? That’s something for political groups to do, not Memorial. Something smells fishy.
Sean’s got my vote too!
Williemax if your implying that I am on Memorials payroll, you wrong on that. Not now. never will be. Just calling it the way I see it. Paige is a barking dog that wants attention and the staff and management have the right to express their opinion until it is put on the ballot. They also have to advocate a position to their employees so their employees can support the bill or not. Sort of a like an employer telling employees that their contact has been extended or is going away. I keep up with most of the pranks our politician pull, but was not aware of this one by Cadman until this article. Funny how no one is questioning how Paige promotes his agenda on that tax payer’s dime. Also why no one questions Cadman’s motives
Oh you nay-sayers are so corrosive…nothing is true or even matters if the viewpoint is other than what you espouse; so quick to label alternate viewpoints as the exaggerations of lying showboats — why?
Your constant hypocrisy is unseemly and sickening; you *know* the concerns raised by Paige are entirely valid, warranting immediate review to answer serious questions on accountability and bias.
Yet you’re always so ready to obfuscate the issues before sweeping them under the rug; in every insincere word and implication, you show yourselves to be one of this city’s most destructive malignancies.