Original post made by Jack Hickey, Woodside: Emerald Hills, on Oct 19, 2012
Comments (11)
The Supreme Court has identified two categories of communication as being unambiguously campaign related. First, “express advocacy,” defined as a communication that uses specific election-related words. Second, “the functional equivalent of express advocacy,” defined as an “electioneering communication” that “is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate.” (Leake, 525 F.3d at 282-83)
In my opinion, the Sequoia Healthcare District "Report to the Community" is an “electioneering communication”, paid for with public funds.
The Sequoia Healthcare District claims a Total Community Support of $10.6 million for FY 2012-2013. That figure assumes that the $1,000,000 spent on Nursing Education will result in 100% of the graduate nurses working in the District. That is no where close to reality. See: Web Link A 50% figure would be an overestimate. Of more than 300 graduate nurses, only 64 are currently employed at Sequoia Hospital. That's $500,000+ not going to support the Community, and >$4,000,000 lost in the first 8 years of the program
Sorry for the missing Web Link. here it is:
Web Link
Despite my request on October 17, 2012 to Sequoia Healthcare District CEO, Lee Michelson, to " Please postpone printing and mailing committments until this has been reviewed by all Directors. A one week delay should suffice.", this 4 page 11" x 17" full color brochure was mailed out. A friend of mine received it in today's mail.
This was Lee's response to my initial request:
From: Lee Michelson <lmichelson@sequoiahealthcaredistrict.com>
Subject: RE: FW: Annual Report
To: "'Jack Hickey'" "'Kim Griffin'"
Date: Wednesday, October 17, 2012, 5:09 PM
The sending of the annual report to the Board in advance is a courtesy not for your approval. Neither the Board president or the majority of the board has asked for
approval so as I understand the situation this is a staff responsibility. There will not be a delay.
See "Report to Community or Electioneering Communication at Web Link
The Sequoia Healthcare District's pre-election "Report to the Community" is the largest piece of puffery I have ever received. It contains the equivalent of 8 letter size pages. One half of a letter sized page is devoted to FINANCIALS. A copy of the budget would have fit on 1 letter size page, but the District chose not to include it.
When I suggested that the report was intended to influence the election, and asked for a delay in the mailing on October 17, 2012, District CEO, Lee Michelson, in an e-mail to Board President, Kim Griffin and myself, had this to say about the mailing:
"The sending of the annual report to the Board in advance is a courtesy not for your approval. Neither the Board president or the majority of the board has asked for approval so as I understand the situation this is a staff responsibility. There will not be a delay.
In another e-mail Lee Said, “...the annual report always gets mailed out this time of year even in non –election years ...”.
That’s not true.
In a November 1, 2011 memo to the Board of Directors, Lee said “Enclosed you will find our new annual report that will be mailed next week..."
This years report was received in mailboxes on October 25, 2012, 13 days BEFORE the election! Kim Griffin had the authority to delay the mailing, but failed to do so!
Visit my website to view copies of the mailing, links to District budgets, e-mail communications, General Ledger for the past two years, etc. www.xshcd.com
VOTE only one name.....Jack Hickey
I am awaiting information pursuant to a Public Record Act request for information regarding this "electioning communication". Web Link
That should have been "electioneering communication".
Factoid: There are 6,618 voters in Menlo Park who are NOT in the Sequoia Healthcare District! I know at least one of them who received a brochure in the mail.
Item from minutes of Sequoia Healthcare District Dec. 5, 2012 meeting:
5.h. Annual Report
Director Faro suggested that a discussion of the recent Annual Report to the Community would clear up statements made about the production and timing of the mailing of the report. He added that it would be helpful for directors to see a preliminary draft before report is finalized.
Director Hickey had asked to see all invoices related to the production of the report and was given MTK invoices.
Mr. Michelson provided a memo regarding the development of the annual report reminding the Board that it is his responsibility to manage the day-to-day operation of the District and that the Annual Report is a management responsibility and not a governance/policy issue.
NOTE not part of the minutes: the MTK invoices did not identify the Printing and Mailing company used. And, as of Dec. 31, 2013, Don Shoecraft (aka MTK)is no longer under contract with the District!
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