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Archive for the 'Larry McEvoy' Tag

Melcher: $1.15M severance package still under review

May 15th, 2012, 1:47 pm by

Photo by Daniel J. Chacón

Two weeks ago today, the City Council asked the City Attorney’s Office to review a $1.15 million severance package for Memorial Health System’s former CEO to determine whether it was legally binding.

The council gave the office two weeks to come up with the answer.

City Attorney Chris Melcher said he will be discussing his findings with the council in closed executive session Wednesday.

“The City Attorney’s Office is still reviewing the facts and documents relating to the recent proposed separation agreement between Dr. (Larry) McEvoy and the former Board of Trustees of Memorial,” Melcher said in an email.

“I will be discussing this review and providing attorney client advice to Council tomorrow, at closed legal session, during the scheduled Special Meeting of Counsel (sic) that immediately follows the CSU Board Meeting,” he said.

McEvoy’s separation package, which includes $1 million in severance pay, a 2007 Toyota Camry Hybrid and $20,000 to help him find a new job, sparked a firestorm of controversy.

When Memorial board trustees refused to rescind the agreement, the council gave them an ultimatum: resign or be removed from the board.

Only one of the trustees resigned, prompting the council to remove the others from their seats. Another trustee resigned the day before the council gave the board the ultimatum.

 

Will McEvoy sue? Bring it on, councilman says

May 2nd, 2012, 8:05 am by

Tim Leigh

Councilman Tim Leigh had prepared a statement for yesterday’s special City Council meeting in which he was going to call for the immediate removal of the Memorial board and canceling the $1.15 million separation package for CEO Dr. Larry McEvoy.

Leigh said he conveyed the gist of his message in closed executive session and “did not feel compelled to kick the horse as it laid in its dung.”

Nevertheless, he sent the statement out in his electronic newsletter.

What follows is an explanation and then the statement.

Dear Friend,

The following is the message I was prepared to deliver during the public session of the Specially-called City Council Meeting to discuss the management of Memorial Hospital.  I conveyed the gist of this message in the closed session and therefore, did not feel compelled to kick the horse as it laid in its dung.  That being said, I wish to congratulate the Council for doing the right thing.

Yesterday,

– We removed the Memorial Hospital Board of Trustees with a unanimous vote.

– We stalled the McEvoy pay-out until it can be fully scrutinized by the city attorney’s office for its legality.

– We (the City Council and citizen’s of Colorado Springs) affirmed the high value we place on the Enterprise and its employees.

It’s now time to remove acrimony from the conversation and focus on the job at hand – caring for the sick and needy, and the smooth transition of the Enterprise by way of lease to the University of Colorado Health (UCH).

As you discuss this issue around the water cooler over the next few days and weeks, please convey that I fully endorse the transfer and please, when called upon to do so, endorse and support the transition with your vote and messaging to your friends.

With Warm Regards,

Tim

The Message

I stand firmly against the McEvoy Exit Bonus proposed by the Memorial Hospital Board.

Furthermore, I have no confidence in the Memorial Board’s ability to make any unbiased decisions which are not favorable to the discarded McEvoy plan and its’ proponents.  You may recall the McEvoy plan was the proposed 100% leveraged buy-out of the hospital with no personal financial guarantees, which has been correctly usurped by the hoped-for lease with UCH.

I have 2 calls for action today:

1)      I’m calling for a cancellation of the agreement to pay Dr. McEvoy’s Exit Bonus, but, with a willingness to honor the agreement we, (Council), were told was signed when he was hired; that being a 6 month’s salary-severance-package.

However, I’m not sure severance is an issue, because according to what we’ve been told, Dr. McEvoy did not quit, and was not fired.  That being said, this appears to be a mere case of a hen feathering his nest.

The threat has been made that if we cancel the questionable salary-severance-package with Dr. McEvoy, we open ourselves to a lawsuit.  I say, bring-it-on.  I’d love to try this action in El Paso County, in front of a jury of peers.

2)      I’m calling for the immediate removal of the Memorial Hospital Board of Trustees.

When the McEvoy plan was the topic of community conversation, we were told we, (the citizens), couldn’t strip too much cash from the enterprise because it would do irreparable harm.  The money crunchers did their analysis and determined that if we, (the city), took $5,000,000 up front plus $1,000,000 a year thereafter we’d be OK; – but barely.  [By way of comparison, (on those 2 metrics alone), the UCH proposed lease will provide something like $75 million up front plus something like $6 ½ million thereafter, for a generation!]

On the basis of these 2 metrics alone, we would have to question this board’s ability to understand the financial condition of the enterprise.  Then, adding this salary fiasco to the brew, we’re certainly within our rights to question this board’s ability to manage the enterprise.

Dr. McEvoy told us last August that by December 2011, we’d be in receivership, with the bond holder’s management company in charge of the hospital.  Subsequently, based on Dr. McEvoy’s financial forecast, we were told the Board had implemented substantial cost cutting measures; measures like less photo-copy paper (really?); the elimination of employee appreciation benefits like free ice-tea or plastic silverware, and the elimination of free-holiday dinners for those called away from their families to work Thanksgiving and Christmas.

And most importantly, the elimination of pay increases for any of the line or staff.  I’m not aware of any planned pay increases for rank & file employees this year, but as we all know and in spite of these cost saving measures, the CEO’s pay was increased this year by over $100,000.

Yet, now in spite of these claimed draconian times, the Board found sufficient excess within their budget to give away over $1,000,000 to the CEO on his way out the door.  I find this odorous and repugnant.

By the way, if not given away, it’s possible that, that, million dollars could be used for some other, better use, like the acquisition of the much anticipated Surgical Robot, a birth center pulse oxometer or more nurses.

We’ve been told that this deal is irreversible.  I’m calling the BS card on that.  I’ve been involved in business and contracts for over 30 years and a deal, while it may sound like a deal, is never a deal until the check is cashed.

This deal is most likely reversible and I’m calling on my co-councilors to stand up and do the right thing.

We’ve been told that the proposed Exit Bonus is “industry standard”.  If that is the case, 1) who said we had to comply with an industry standard; how about complying with a community standard; and 2) when was the industry standard articulated? – Before the crash in 2008?  It’s a different world since the crash, and industry standards may no longer be the relevant measure with which to award outrageous exit bonuses.

I was elected to represent the best interests of the citizens; not to promote the bureaucratic infrastructure.  To that end, I feel compelled to stand on the principal of fairness and do the right thing.  While awarding the outrageous exit bonus may be technically correct, it doesn’t make it the right thing.

In life, you can be technically correct but wrong.  This is a glaring example.

Let’s demonstrate to our highly valued Memorial Hospital Employees and nearly 500,000 citizens of Colorado Springs we can make a right decision.

Let’s cancel the proposed McEvoy exit bonus agreement and remove the board showing the public they can trust their elected officials to do the right thing.  Now, there’s change I can believe in.

Memorial trustee resigns without explanation

April 30th, 2012, 9:01 pm by

Marijane Axtell Paulsen, secretary of Memorial Health System’s Board of Trustees, resigned from the board during Monday’s executive session to talk about CEO Larry McEvoy’s $1.15 million separation agreement.

No reason was given for her sudden resignation.

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Is McEvoy’s $1.15M exit bonus a done deal?

April 30th, 2012, 7:13 pm by

Jim Moore, chairman of the Memorial Health System Board of Trustees, said Memorial CEO Larry McEvoy has a signed terms of agreement.

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Memorial employees feel betrayed by McEvoy

April 30th, 2012, 5:33 pm by

Karen Anthony, chief of staff at Memorial Health System, said the $1.15 million separation agreement offered to Memorial CEO Larry McEvoy has been terrible on morale.

Anthony, an ex-officio member of Memorial’s Board of Trustees, cast the lone dissenting vote to affirm the exit bonus.

“Given the public outcry and the negative impact on the morale that this has had for the staff and the physicians at Memorial Health System … I cannot in good conscious vote for this separation package,” she said.

“I think that there are a number of employees and physicians who feel this is somewhat of a betrayal of what Dr. McEvoy has presented as his position in the health system and his goals and vision and values,” she said.

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Melcher clarifies role in $1.15M separation package

April 30th, 2012, 11:28 am by

Chris Melcher

Last week, Memorial Health System Board of Trustees Chairman Jim Moore said that Colorado Springs City Attorney Chris Melcher had “accepted” the $1.15 million separation agreement offered to Memorial CEO Larry McEvoy.

“We’ve consulted with the City Attorney’s Office. I don’t want to characterize him as happy, but I don’t want to characterize him as unhappy. He accepted this,” Moore said.

“He seemed to be satisfied with the various conditions,” he added.

At the request of The Gazette, Melcher on Monday clarified his role in the separation agreement.

“The City Attorney’s role under the Charter is to provide legal advice to the Memorial Health System Board and Council when they consider significant decisions regarding MHS.  The City Attorney’s Office does not make those decision,” Melcher said in an email.

“I was asked by the MHS Board to provide legal advice as to the form of a proposed separation agreement for Dr. McEvoy, and the appropriate legal conditions in separation agreements,” he said.

“I provided that advice, which is an attorney client communication.  I was not asked, and did not, provide advice to the Board on the monetary or substantive terms of the agreement, and did not advise the Board whether they should proceed with such an agreement,” he said.

 

Rally planned to oppose McEvoy’s ‘golden parachute’

April 28th, 2012, 11:12 am by

Jeff Crank

The Colorado chapter of Americans for Prosperity is planning a rally next week to oppose the $1.15 million separation agreement for Memorial CEO Larry McEvoy.

The separation agreement, which has sparked public outrage, includes 18 months’ severance pay, or $1 million.

It also includes $20,000 to help McEvoy find a new job when he leaves Memorial and transferring title of a 2007 Toyota Camry hybrid that McEvoy has driven during his time as CEO.

The rally will be at noon Wednesday at Memorial Hospital, 1400 E. Boulder.

According to AFP’s blog, the name of the event is: “Stop Memorial Hospital Golden Parachute Rally!”

The state director of AFP is Jeff Crank.

Here’s what AFP’s website says about Crank:

Jeff is currently the Colorado State Director of Americans for Prosperity, a grassroots free-market, free-enterprise organization. Jeff also hosts The Jeff Crank Show, a conservative talk radio show on Colorado’s 740 KVOR. He owns Rocky Mountain Consultants, a Colorado Springs based company providing business development consulting services to several business clients. Crank serves as the President of the Pikes Peak Firearms Coalition.

He was a candidate for U.S. Congress in the 5th Congressional District Republican Primary in 2008 and 2006.  Jeff has served as Vice President, Government Sales for XAware Corporation, a data integration company and previously served as the Senior Vice President for Governmental Affairs for the Greater Colorado Springs Chamber of Commerce.
Jeff served on the Washington staff of U.S. Congressman Joel Hefley from 1991-1998 where he focused on military issues and served as the Administrative Director. During this time he helped author several pieces of legislation including the Military Family Housing Privatization Act and legislation to stop the transfer of U.S. missile technology to China.

Jeff’s favorite things to do are pheasant and big game hunting throughout the western United States – but only with his favorite hunting buddies – his son, Joel and his dog, Indy – a great friend and fierce hunting Hungarian Vizsla. He also enjoys spending time with his wife, who has put up with him for over two decades and his daughter, Jessica, who melts his heart.

 

Bach requests immediate hold of $1.15M agreement

April 28th, 2012, 10:22 am by

The $1.15 million separation package for Memorial CEO Larry McEvoy has ignited a political firestorm.

Under the city charter, Mayor Steve Bach doesn’t have much say over Memorial. That’s the City Council’s job.

But Bach isn’t staying on the sidelines.

He sent City Council President Scott Hente the following letter this morning:

Scott,

This s to respectfully ask that you contact James Moore immediately to request a hold on executing the McEvoy severance agreement.  Also, this is to respectfully ask that you hold a special session of City Council early next week to vote on giving the MHS Board current direction on this matter.

The planned 18-months severance for Dr. McEvoy is not consistent with the 6 months specified in his employment agreement nor is it consistent with Council’s longstanding policy limiting severance for senior managers for the general municipal government to not more than 6 months.

In the event the MHS Board does not promptly comply with Council’s directive after your vote, then I respectfully suggest that Council terminate the entire Board, substitute Council as the Board and reduce the severance to no more than 6 months.

It is essential to the success of our City that Council and I do everything possible to rebuild citizens’ trust in our municipal government.  Council’s swift, resolute action on this matter is important toward that end.  While I understand that MHS reports through it’s Board to Council, not to the Mayor, my thanks to your colleagues and you for considering my counsel.

Steve Bach
Mayor
 

McEvoy to get Toyota Camry, help finding a new job

April 27th, 2012, 11:25 am by

The planned payout to Memorial Health System CEO Larry McEvoy will exceed $1.15 million, according to the health system.

The separation agreement, which still hasn’t been signed, spells out what McEvoy will receive when he leaves the hospital May 4.

The terms agreed to in principle include up to $20,000 for “outplacement,” which is help in finding a new job, and giving him the title to a 2007 Toyota Camry Hybrid with 45,000 miles.

The car, which McEvoy has used as CEO, is valued at $15,765.

The payout also includes $71,167 in paid time off.

The other terms are:

– 18-months severance $ 1,005,000

– 18 months COBRA (health, dental) $ 25,794 Employer contribution only

– PERA (accrued, non-vested) $ 18,733 Prior to 1/1/11, an employee didn’t need to be vested to get the organization’s
contribution (4% of annual pay up to $250,000/year), so calculation is based on 4% of annual pay up to $250,000 between 1/1/11 – 5/4/12.

Leigh: $1M payout an ‘egregious fleecing’ of citizens

April 27th, 2012, 8:54 am by

Tim Leigh

City Councilman Tim Leigh say’s Memorial’s Board of Trustees should hit the door just like CEO Larry McEvoy.

Leigh is the latest council member to call for the board’s ouster over its decision to give McEvoy a $1 million payout, three times more than McEvoy’s existing employment agreement spelled out.

“This is an egregious fleecing of the citizens and everyone should be outraged,” he wrote in his electronic newsletter.

Leigh, who has been critical of McEvoy in the past, said his criticism landed him in trouble with Council President Scott Hente before.

“Months ago, I asked for McEvoy and his senior leaders to be placed on administrative leave and called for an investigation into some of the real estate dealings at the hospital.  Those statements caused the council President to ask for my censure at a minimum, while he contemplated my recall and I’m sure I’ll be taken out to the wood-shed again for pointing out the obvious,” he wrote.

Here’s the full text of Leigh’s electronic newsletter:

I had surgery Tuesday afternoon and have been mostly in a drug induced fairy land since and therefore out of the game.  And while I’ve been advised to minimize the use of my strong typing arm, I’m so outraged by the action of the Memorial Hospital Board of Trustees and my Councilor contemporaries on the McEvoy issue, I had to weigh-in.

McEvoy has to go so does the Board of Trustees.

City Council ceded its control of the MHS operations to the MHS Board in August 2010 by memo.  [By the way, that Council included President Hente and Pro-Tem Martin.]  With that action, “as long as the MHS Board operates within its annual budget” Council exercises no control over that board.  The critical language is “as long as MHS acts within its budget”.  McEvoy’s newly announced Exit Bonus was not part of the annual appropriation budget approved by City Council.  Therefore, I’m not sure the MHS Board of Trustees can offer an Exit Bonus to McEvoy legally.  And, by the way, this is not severance (it’s an “Exit Bonus” because McEvoy wasn’t fired and didn’t quit).  He was settled.

I have received dozens of emails and phone calls regarding the Exit Bonus.  Here are a couple of quotes from employees.

“I am very upset that none of the Memorial Employees including myself (with 17 years of service and outstanding performance evaluations) will receive a pay increase this year and yet he gets a cool million – not quite fair.  I am also frustrated because all this time he has talked about “sticking it out” and not leaving; “we are a team” and there he goes.”

.  .  .  “I’ve never seen moral so bad”.  .  .  McEvoy got a pay raise last month over $100,000 and now is leaving plus his freaking out the door bonus. .  .  .  He has his retirement in the bank while the rest of us assholes loose ours.”

Months ago, I asked for McEvoy and his senior leaders to be placed on administrative leave and called for an investigation into some of the real estate dealings at the hospital.  Those statements caused the council President to ask for my censure at a minimum, while he contemplated my recall and I’m sure I’ll be taken out to the wood-shed again for pointing out the obvious.  This is an egregious fleecing of the citizens and everyone should be outraged.

If any good comes of this, it’s that it reminds us why we need to complete the lease with UCH with haste.  We need to transfer the power of operations to folks who enjoy the skills to properly manage a $700,000,000 enterprise on behalf of the citizens.    And, thankfully we have a capable City Attorney (Melcher) and very capable interim CEO (CFO Scialdone) who are very able to lead us through this tumultuous time.

As it is, MHS is still city owned and your voice counts.  Contact your City Councilor and stop the fleecing.