Maverick County Hospital District Board Delegates Authority to CEO & Legal Counsel to Hire Interim CEO Except One Board Member
By: Miguel Munoz, Copyright 2014, Eagle Pass Business Journal, Inc.
The Maverick County Hospital District Board of Directors approved at a special Board meeting on Thursday, March 6, 2014, by a split 4-1 vote to authorize Chief Executive Officer Elcira Bares and Legal Counsel Celeste Lira to meet with current MCHD Ryan White Program Director, William Worrell, to offer him the MCHD Interim Chief Executive Officer position a day before the CEO application deadline of March 7th amidst a strong objection by fellow MCHD Board member Ricardo Calderon.
MCHD Secretary-Treasurer Humberto Duran made the motion initially to “take the advise of Legal Counsel and CEO to meet with the two in-house candidates and proceed to appoint one of them as Interim CEO,” and Board member Joaquin L. Rodriguez seconded the motion.
Board member Calderon replied that he opposed the motion made by Duran because he was not going to delegate his board policy-making decision to Legal Counsel and the CEO which Maverick County taxpayers elected him and each Board member to make. Calderon added that each Board member has to make their own decision and raise their own hand instead of delegating the decision-making authority to Legal Counsel and the CEO. Calderon questioned the wisdom of the Hospital District Board majority to delegate their policy decisions to Legal Counsel and the CEO. Calderon also pointed out that he had been appointed by Chairman Juan Manuel “Chuco” Farias to the CEO Search Committee and that he did not want to create and participate in any potential conflict of interest questions with any of the prospective CEO candidates that had already applied and would apply by the March 7th deadline by hiring an Interim CEO only one day before the application deadline and wanted to avoid any potential legal liability to the Hospital District from any of the CEO candidates who might allege preference, unfairness of the process, or any other legal claims. Calderon also noted that the MCHD Board had plenty of time to hire an Interim CEO, if needed, at its regular Board meeting on March 26th and the goal of the CEO Search Committee was to evaluate and finalize a short list of finalists for the Board to interview at its March 26th Board meeting or any specially called Board meeting.
Board member Duran then amended his earlier motion and moved that “based on the recommendations of the CEO and Legal Counsel that they meet with William Worrell to discuss the Interim CEO position” and ask him if he would accept the Interim CEO position. Board member Rodriguez accepted Duran’s amendment and seconded the motion.
Duran stated that he needed guidance from Legal Counsel and the CEO in order to operate the MCHD in an “orderly, efficient, and effective way” so that the MCHD does not lag behind. Duran complained, who is on the CEO Search Committee, that many of the applicants are from out of town and the Hospital District would have to pay their airfare and costs to Eagle Pass to interview with the Board if named as finalists and he was concerned with these costs.
Board member Calderon noted that Duran’s motion and comments are exactly what is wrong with the CEO selection process because hiring an Interim CEO a day before the March 7th application deadline may give an unfair advantage to the individual hired as Interim CEO over the other candidates and subject the Hospital District to potential legal liability or claims from one or more of the candidates. Calderon recommended the Board wait after the March 7th application deadline to pass and, if necessary, hire an Interim CEO at its March 26th meeting or any specially called meeting.
After further discussion, the MCHD Board voted four votes in favor of allowing the CEO and Legal Counsel to meet with MCHD employee and supervisor, William Worrell, to discuss the Interim CEO position and ask him if he would accept it with Duran, Rodriguez, Chairman Farias, and Board Vice-President and Maverick County Treasurer Rito J. Valdez, III, in favor while Calderon opposed it.
Although both in-house CEO candidates were present at the MCHD Board meeting, the Board did not interview neither of the two in-house candidates to determine which one would be best qualified for the Interim CEO position. Instead, the MCHD Board super-majority made their decision to hire an Interim CEO “based on the recommendation of the CEO and Legal Counsel” according to Board member Duran’s express statements at the meeting. Unbelievably, the MCHD Board approved to hire an Interim CEO without interviewing a single candidate despite having the opportunity to do so as both in-house candidates were present at the meeting.
