CONCORD -- A health district under review for possible elimination decided this week to hire an attorney, despite critics' arguments that it should remain neutral and avoid spending more of taxpayers' money during the study.
Exactly what attorney Ralph Ferguson will do for the Mt. Diablo Health Care District has become a matter of intense debate.
Critics say they fear Ferguson will fight to keep the district in existence, regardless of the conclusions of the Contra Costa Local Agency Formation Commission review.
"To me, it makes no sense to take on the cost of legal counsel," Pleasant Hill Councilman Jack Weir told the health district board Thursday night.
"It's very inappropriate for the board to infer an adversarial position."
Several board members responded that Ferguson will simply be providing information to the LAFCO consultants and making sure they understand all the obligations, governing options and other factual matters involving the district.
"Anybody who would take an adversarial position against LAFCO would be a fool," said board member Roy Larkin, who made the motion to hire Ferguson. "You'd be digging your own grave to do that."
Board members Nick Adler and Jeff Kasper agreed, stressing that they have "no agenda" and view Ferguson as merely playing an informational role.
Ferguson, who was not at the meeting Thursday night, has a different view of his duties.
"My role is clear to me," he
said in an interview Friday. "We are going to do whatever we can to make sure the health care district stays alive."Ferguson said he will not oppose LAFCO or interfere with the study, but he does plan to help the district accomplish more.
"I will be urging the district to hire, on an interim basis, an executive director," he said. "The person's responsibilities would be to build health care district programs. This district, I believe, in six months will be a very different public entity than it is today.
"I think the public will be pleased and delighted when they find out what the capacities of a health care district are," he added.
Board Chairwoman Grace Ellis said Friday that while Ferguson believes this is what needs to be done, the board decided to hire him for a more limited role and may consider expanded duties later.
A move to broaden district services would not sit well with leaders of the Contra Costa Taxpayers Association, who have sought the district's dissolution and have opposed a major expansion of services during the LAFCO study. The study is expected to be completed in January.
The health district should not issue any grants until it deals with a $700,000 unfunded liability to provide lifetime health and dental benefits for Ellis and former board member Ron Leone, who is now a Concord councilman, said the taxpayer group's executive director, Kris Hunt.
Taxpayer association member Wendy Lack called it "unconscionable" that the district is spending money to hire an attorney and possibly expand services.
The board voted 4-1 to hire Ferguson Thursday night. Board member Frank Manske, who opposed the move, noted that the board did not consider any other attorneys or conduct an in-depth review of Ferguson's background.
Ellis, who has known Ferguson for years, lauded him and said few people understand the intricacies of the district better than him.
Ferguson has worked off and on for the district during the past 15 years.
He helped represent it in the unsuccessful fight to prevent closure of the birthing center at what was then the Mt. Diablo Medical Center in Concord.
He also represented the district in its legal battle with former board member Ann Moriarty, who was ousted from her position because of bad attendance.
For his latest role, Ferguson will be paid $300 per hour, plus travel and other routine business expenses. The board capped his compensation at $5,000.
But on Friday, Ferguson said that while the decision will be up to the board, he expects that his work will require more hours than that.
"That's an insufficient amount of money for the work that needs to be done," he said. Ferguson added that he previously told Ellis the cost would be roughly $30,000 to $50,000, but he said he will abide by the board's wishes.
Board member Manske raised questions about why Ferguson parted ways with the Association of California Healthcare Districts in August. He had been its CEO and legal counsel since 2001.
Ferguson said a confidentiality agreement is in place regarding his departure, but added that he had disagreements with the executive committee over the direction of the organization.
Four Contra Costa grand juries have concluded the health district no longer has a purpose and should be dissolved.
Supporters argue that the district, which oversaw Mt. Diablo Medical Center before it merged with John Muir, has provided CPR training to 6,000 high school freshmen, put defibrillators in schools and engaged in other services.
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