Maverick County Hospital District Board approves Ryan White Program and Breast & Cervical Cancer Screening Program and Open Bids for Legal Services Contract

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

The Maverick County Hospital District (MCHD) Board of Directors unanimously approved the renewal of the Ryan White HIV/AIDS Program with Bexar County Department of Community Investment and the Breast and Cervical Cancer Screening Program with the Texas Department of State Health Services (DSHS) at a special meeting held on Tuesday, September 16, 2014, at the District Second Floor Conference Room, as well as opened the bids for Legal Counsel Contract services but disagreed on holding a special meeting to review and evaluate the bids received on Monday, September 22nd, instead deciding to place the item on their scheduled regular Board meeting on Wednesday, September 24th. Board members Humberto Duran, Joaquin L. Rodriguez, and Ricardo E. Calderon attended the special meeting while Board President Juan Manuel Farias and Vice-President Rito J. Valdez, III, were absent.

During recognition of visitors, the Board heard presentations from several persons regarding various proposals, including a presentation by Don Williams of Eagle Pass concerning a proposal to offer his services as an independent contractor grant writer for a monthly stipend of $2,500; Dr. Larry Morningstar and Beverly Wright presented a proposal for medical transportation for MCHD patients by Aspen Medical Services; and Victor Cruz Sandoval, Registered Massage Therapist, concerning being approved as a health care provider under the MCHD’s voucher program and diverse services offered by his company.

Agenda Item No. IV called for the discussion with possible action on renewal of Ryan White Program to accept 2014-2015 Part B Service Delivery and State Services contract. The MCHD implemented the Ryan White Program in September 2012 without formal Board of Directors approval. Then newly elected-Board member Ricardo E. Calderon raised this legal issue that the Board had not formally approved the Ryan White Program and should do so to consecrate the legal relationship and written agreement between Bexar County and MCHD. At a February 2013 Board meeting, the MCHD Board amended its budget for over $400,000 to reflect the cost of the Ryan White Program over the legal concern raised by Calderon. The Board requested MCHD General Counsel Celeste Lira of Brin and Brin of San Antonio, Texas for a legal memorandum or opinion on the Ryan White Program. In March or April of 2013, MCHD General Counsel Celeste Lira issued a legal opinion stating generally that the MCHD Chief Executive Officer had legal authority under the Bylaws and Employment Contract to execute the contract of and implement the Ryan White Program during 2012 without violating the MCHD’s Board governance.

Board member Calderon has continuously insisted that the MCHD Board needs to formally approve the Ryan White Program with Bexar County similarly as the Bexar County Commissioners Court had done so. This remained an issue of contention until Tuesday, September 16th, when the MCHD Board unanimously approved the renewal of the Ryan White Program for Fiscal Year 2014-2015 Part B Service Delivery and State Services contract for the total amount of $360,203. Board member Joaquin L. Rodriguez made the motion to approve the Ryan White Program Part B contract while Calderon happily seconded the motion. After discussion, the Board approved the motion. Calderon congratulated the Board and Administration for formally approving the Ryan White Program for the benefit of the community. Rodriguez also commended the Board for supporting this important health care program.

Agenda Item V called for discussion with possible action on renewal of the Breast and Cervical Cancer Screening Program with DSHS. Board member Rodriguez motioned to approve the BCCS contract and Calderon seconded the motion. After discussion, the Board unanimously approved the BCCS contract with DSHS for 2014-2015 for the total sum of $164,859.

The next item on the Agenda was No. VI calling for discussion with possible action for bids for Legal Counsel Contract services. MCHD CEO Terri Contreras advised the Board that five bids had been received by the September 4th deadline. Board member Calderon motioned to open the five sealed bids and Rodriguez seconded the motion. The Board unanimously approved opening the bids. Contreras read the names of the five bidders. Contreras asked the Board to go into Executive Session pursuant to Agenda Item No. VII regarding “Consultation with Attorney.” Board member Calderon raised legal concerns with the Executive Session agenda item not satisfying the Texas Open Meetings Act by not specifying the Board’s consultation with attorney regarding the bids for Legal Services Contract services as well as the possibility of a potential conflict of interest to consult with the attorney regarding the bids because the attorney’s law firm had submitted one of the five bids. Board member Rodriguez concurred with Calderon.

Calderon then motioned for the Board to schedule a special meeting on Monday, September 22nd, at 5 P.M. to review and evaluate the bids received in Executive Session and then place an Open Session agenda item with possible action on the bids for Legal Services Contract services. Rodriguez initially seconded the motion but later withdrew it because he wanted to place an amendment to Calderon’s motion that CEO Contreras evaluate and rank the five bids for presentation to the Board on September 22nd, but Calderon declined the amendment stating that this decision was important for the Board to personally review and evaluate the bids and too often the Board deferred to Administration to make its Board decisions instead of themselves. Board member Humberto Duran seconded Calderon’s motion. During discussion, Duran and Rodriguez insisted in having either Administration or an Ad Hoc Committee evaluate and rank the bids while Calderon insisted the whole Board do it itself. Calderon suggested that the Board may want to interview either the bidders or a short list of finalists and that a special legal counsel be hired specifically for this issue to avoid a potential conflict of interest with the present General Counsel since they too had submitted a bid. Calderon’s motion failed as Duran and Rodriguez voted against it. CEO Contreras advised the Board that she would inform Chairman Juan Manuel Farias of the Board’s decision and to place it on the Board’s regular meeting on September 24th. The meeting was adjourned.