Jefferson Health Care Commissioner and whistleblower Matt Ready is moving forward with his complaint against the Jefferson Health Care Board, key hospital leadership and legal counsel, to the state attorney general's office …
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This story was updated on June 13 to add clarity to next steps for the complaint and the characterization of the potential hospital alliance.
Jefferson Health Care Commissioner and whistleblower Matt Ready is moving forward with his complaint against the Jefferson Health Care Board, key hospital leadership and legal counsel, to the state attorney general's office following a report from the Jefferson County Sheriff's Office corroborating his concerns.
“The actions likely violate OPMA (Washington State Open Public Meetings Act), with civil penalties applicable, and may constitute official misconduct if intent is proven,” wrote Detective Sergeant Derek Allen, of the Jefferson County Sheriff’s Office.
Jefferson County Sheriff Andy Pernsteiner assigned the complaint to Allen after Ready submitted his complaint and supporting evidence to Jefferson and Clallam County sheriff’s offices. Ready said the Clallam County Sheriff’s Office had not responded to his complaint.
“Criminal conspiracy or racketeering seems less supported, requiring much further evidence,” wrote Allen.
Hospital officials said they were surprised with the involvement of the sheriff’s. They undergo audits annually, a process that includes compliance with open meetings laws.
“We believe we are in full compliance with the state’s open public meeting act, said Pranav Sharma, director of strategic planning and marketing for the hospital. “The act allows for certain discussions to be held in executive session but requires all action take place in a public meeting.” Sharma added that they were working “closely with legal counsel to make certain this compliance continues.”
“The complainant’s detailed documentation, including emails and legal opinions, suggest a review by the Washington State Attorney General’s Office — Assistant Attorney General for Open Government who oversees possible OPMA violations," wrote Allen. "An unexpected aspect is the potential involvment of legal counsel as a co-conspirator, which could raise ethical issues for the Washington State Bar Association, though criminal activity remains uncertain.”
Ready’s complaint stems from a March 26 hospital board meeting where Ready accused his co-commissioners of meeting secretly with Olympic Medical Center representatives on “Project Driftwood,” a plan to merge oversight of the Port Angeles-based Olympic Medical Center and Jefferson Healthcare that would create a superboard while both organizations maintained independence.
Ready further alleged that members of the Jefferson Healthcare Board had violated open meeting laws, abused the use of executive sessions, and suppressed public information. Ready provide emails between his co-commissioners and Jefferson Healthcare executives to support his allegations.
“This report has been sent to the full boards of both OMC and Jefferson, the Washington State Auditor’s office, and to the Washington State Attorney General’s office for further advice and guidance,” Ready said. “I have requested a full impartial investigation within Jefferson Healthcare into possible misconduct by my fellow commissioners and the CEO."
Allen’s report does not suggest evidence of criminal behavior, however the report appears to support violations of the state’s open meeting laws.
Ready leaked Project Driftwood documents after his fellow hospital board commissioners attempted to squelch his concerns at a board meeting. Those documents detail a not-for-profit alliance which would allow Jefferson Healthcare and Olympic Medical Center in Port Angeles to remain independent, while improving and expanding clinical programs, creating operating efficiencies and economies of scale and the ability to improve and expand clinical programs.
The plan calls for a 12-member “super board” — with seven board members from Olympic Medical Center and five from Jefferson Healthcare. According to the plan, all currently elected commissioners would sit on the super board and the super board would govern the regional health alliance while individual boards would remain responsible for governance of their own organizations.
The proposal calls for a three-year phased-in leadership approach, with an appointed executive director planned for the first year. Project documents propose that Jefferson Healthcare Chief Executive Officer, Mike Glenn, would serve as the alliance’s first executive director.
Emails provided by Ready show correspondence between Jefferson Healthcare Commissioner Kees Kolff, Jefferson Healthcare top executives and Jefferson Healthcare’s legal counsel, Brad Berg of Foster Garvey discussing the merger plan, and Kolff’s efforts to draft language and an organizational chart and discussions of the use of executive session.
“A subset of Jefferson commissioners were involved or consulted during the drafting phase,”Ready said in a previous interview. “I was not. I only became aware of the proposal during the executive session on February 5. The full board has never voted to authorize the proposal or the direction of the negotiations. Much of the process has taken place out of public view, contrary to the principles of public hospital governance.”