Day 379: All Foundation Task Appointees Named

[Brian Essi]

It only took 379 days after enactment and signing of the Master Agreement to name 17 members to a "task force" to consider how to form the 'New Foundation" and what to do with the money.

Given the lack of ethical guidelines in Lakewood's Charter pointed out by Mr. Kindt, the question arises whether there will be any ethical considerations or boundaries imposed on the 17 appointees?

After all, the "task force" will be planning how to handle the once public money---money that the Master Agreement says will go directly to the New Foundation--the same money that Jenn Pae has testified will somehow be paid directly to the City of Lakewood. Hmmmm

Is this public money or private money?

Was a conflict of interest checklist considered by Council or Mayor Summers in choosing the 17?

For example, Sam O'Leary appointed the medical director of North Coast Health Ministry---Will NCHM be a potential beneficiary of the New Foundation funding?

But wait...there may be another delay in starting the task force work...Has Council named the Council-member who will be part of the task force?

[bentleymike]

Brian,

My understanding is that the taskforce's job is to get the by-laws in place, and select the panel of trustees, who will then direct any and all decisions. Am I wrong?

I could see how there could be some conflict questions, but ultimately, the trustees who will have final say on the foundation will have a fiduciary obligation.

[Lori Allen _]

The members of the "Foundation Planning Task Force" are picked by the mayor and council. It will be the same 50 BuildLakewood people, or mayor robots. How does this end the alleged corruption or provide transparency and accountability?

Sam O'Leary appoints the medical director of North Coast Health Ministry, Dr. Charles Garven, to the task force. I heard that if the mayor or council need any medical excuses signed, he is your man.

I wonder if Dr. James Hekman, supposedly Lakewood's medical director, will be appointed to the task force. Much like how Shannan Ritchie sat on the Board of Directors for LakewoodAlive, so does Dr. Hekman now.

Then again, can we even trust Dr. Hekman? He is supposedly the medical director for Lakewood and didn't even realize that our fire chief had a nine-year expired paramedic license?

[Brian Essi]

Brian,

My understanding is that the taskforce's job is to get the by-laws in place, and select the panel of trustees, who will then direct any and all decisions. Am I wrong?

I could see how there could be some conflict questions, but ultimately, the trustees who will have final say on the foundation will have a fiduciary obligation.

Mr. Bentley,

Here is what the OneLakewood website claims to be the Task Force mission:

http://www.onelakewood.com/accordions/f ... ask-force/

One purpose: "Discuss and reach preliminary conclusions about the nature, scope, mission and governance of the new foundation."

As outlined by Mr. Kindt and others, the Master Agreement was formulated, negotiated and now executed under several layers of conflicts of interest--the Clinic, LHA trustees, several members of Council and Mayor Summers all engaged in conflicts of interest.

Summers and the tainted members of Council have appointed task force members.

May I suggest that if the folks doing the appointments and the members of the task force have conflicts, it will taint the entire "nature, scope, mission and governance of the new foundation."

There is an old saying: "The beginning determines the end."

So there is really nothing "new" about the New Foundation.

[Jim O'Bryan]

Brian,

My understanding is that the taskforce's job is to get the by-laws in place, and select the panel of trustees, who will then direct any and all decisions. Am I wrong?

I could see how there could be some conflict questions, but ultimately, the trustees who will have final say on the foundation will have a fiduciary obligation.

Mr. Bentley,

Here is what the OneLakewood website claims to be the Task Force mission:

http://www.onelakewood.com/accordions/f ... ask-force/

One purpose: "Discuss and reach preliminary conclusions about the nature, scope, mission and governance of the new foundation."

As outlined by Mr. Kindt and others, the Master Agreement was formulated, negotiated and now executed under several layers of conflicts of interest--the Clinic, LHA trustees, several members of Council and Mayor Summers all engaged in conflicts of interest.

Summers and the tainted members of Council have appointed task force members.

May I suggest that if the folks doing the appointments and the members of the task force have conflicts, it will taint the entire "nature, scope, mission and governance of the new foundation."

There is an old saying: "The beginning determines the end."

So there is really nothing "new" about the New Foundation.

Certainly Mr. Kindt could answer this far better than I. But I do believe "that any business started through illegal means, remains an illegal business, and actionable.

This is how they go after money laundering, taking drug money or money through fraud and starting a legal business, does not protect the new business or the money from any investigation.

There is no way to take illegal gains, and make them legal. Everyone becomes tainted by the movement of the funds.

.

[Mark Kindt]

The City of Lakewood needs to adopt a modern and comprehensive ethics-in-government policy. Until it does so, citizens who participate on its various committees and task forces need to personally understand their own ethical and fiduciary obligations and any potential legal risks related to their participation. It is only common sense to do so.

There is no reason that this 17-person planning task-force can't draft their own ethical guidelines. I'm sure there are dozens of model guidelines for non-profits available on-line to review. None of this is hard.

The new foundation has some other conceptual problems. It probably needs a code-of-conduct that includes antitrust issues. To the extent that the new foundation is interested in funding or organizing heath-care collaborations, such collaborations have to follow strict federal guidelines. Yes, even coordinating the hours of yoga studio operations is a potential state and federal antitrust issue.

[Lori Allen _]

Dr. Garven was appointed by Sam O'Leary? If so, Dr. Garven was a campaign contributor to him. Another conflict of interest?

[cmager]

Brian,
My understanding is that the taskforce's job is to get the by-laws in place, and select the panel of trustees, who will then direct any and all decisions. Am I wrong?
I could see how there could be some conflict questions, but ultimately, the trustees who will have final say on the foundation will have a fiduciary obligation.

Mr. Bentley,
The LHA trustees, City Council, and City officers had fiduciary responsibilities regarding Lakewood Hospital. That didn't work out very well.

[bentleymike]

How would you all have gone about the appointment process, without dragging this out another year or two?

If you were on the taskforce, what would your suggestions be on how to establish and operate the foundation?

I understand, some (or many), of you disagree with how this went about. I'm just saying, if you were one of these people, what would you prioritize within the foundation?

[bentleymike]

There is no reason that this 17-person planning task-force can't draft their own ethical guidelines. I'm sure there are dozens of model guidelines for non-profits available on-line to review. None of this is hard.

The new foundation has some other conceptual problems. It probably needs a code-of-conduct that includes antitrust issues. To the extent that the new foundation is interested in funding or organizing heath-care collaborations, such collaborations have to follow strict federal guidelines. Yes, even coordinating the hours of yoga studio operations is a potential state and federal antitrust issue.

These are good points. These are things that probably should be addressed. Also, in my experience, I've seen trustees and board members abstain on a decision, if they are somehow involved, when a foundation is issuing grants.

[Stan Austin]

Why is this "(air quotes)" foundation even being set up before any determination of the lawsuit?

[Bridget Conant]

The "foundation" is a sham. It will control millions of dollars that belong to the public - the taxpayers of the city of Lakewood. It's wrong, unethical, and likely illegal.

The best idea isn't how to "set it up," it's how to prevent this transfer from happening.

[Stan Austin]

A cautionary note to any potential foundation members-- this is not a good qualification on your CV

[Stan Austin]

A notification to any potential foundation appointees-- This is not a good mention on your CV

[Brian Essi]

Why is this "(air quotes)" foundation even being set up before any determination of the lawsuit?

Mr. Austin,

Funny you should ask that.

On December 19, 2016, Sam O'Leary claimed that issue 64 delayed the City's, LHA's and CCF's action on the New Foundation, i.e. appointment of the task force members. His response in at 1:26 of the Council video: http://onelakewood.granicus.com/MediaPl ... clip_id=47

So Sam O'Leary claims that Issue 64 delayed action of the New Foundation, but the parties: (1) Closed a hospital; (2) transferred money and real estate; and (3) began demolition of buildings. In addition, Sam O'Leary claimed publicly that Butler's legal opinion made issue 64 irrelevant regarding execution on the Master Agreement.

But in response to to the clear evidence I presented on December 19, 2015 (at 1:22 of the video) demonstrating O'Leary's foot-dragging on the foundation matters, O'Leary blamed the Against 64 folks.