Volume XXXVII No. 9 • 4 May, 2017
www.ourvalleyvoice.com
Suit Against City of Woodlake May Go to the Supreme Court
Dr. Benny Benzeevi, left, follows along as Kevin Smith, of EideBailley, presents audit findings to the Tulare Local Healthcare District Board of Directors. Tony Maldonado/Valley Voice
Audit Released, Showing Flaws and Improvements at TRMC Tony Maldonado An overdue audit of the Tulare Local Healthcare District was presented to the district’s Board of Directors at its April 26 meeting. The report shows that while the District’s operating revenues, net position, and total assets increased, auditors also found that the district understated its 2015 net position by approximately $6m and misstated its 2016 net position by approximately $3m, both of which were corrected. The audit, originally due December 31, was delayed due to the choice of a new auditing company, according to hospital officials. Dr. Benny Benzeevi, CEO of Healthcare Conglomerate Associates (HCCA) the company which runs Tulare Regional Medical Center (TRMC) under contract,
announced at the same meeting that the California Department of Public Health had accepted the hospital’s response to a February report finding the hospital at fault for removing its former medical staff.
The Audit
Eide Bailly, an accounting firm headquartered in Fargo, N.D., was retained by HCCA to provide an audit of the district’s finances for the year ending June 30, 2016. Kevin Smith, from the firm’s Boise location, represented the company in presenting the audit findings to the board. “We’re a national firm, a regional firm,” Smith said. “We have 29 offices in 13 states, and our biggest industry that we practice in is healthcare.” Smith discussed the audit process with the board and provided compari-
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City of Tulare May Seek New Development Money Stream Dave Adalian Worries over spending too much may keep the city of Tulare from going after a new source of economic development funding. At its meeting April 18, the City Council decided to let staff at City Hall find out if any areas in the city qualify for a new state program that returns a portion of property taxes paid there to city coffers. But, the move was made over the objection of Mayor Carlton Jones, who worries the city just doesn’t have the upfront money to join in right now.
The Death of RDA
Until a few years ago, California cities were allowed to form redevelopment agencies (RDA) that captured up to 60% of property tax revenue and returned it to fund otherwise unaffordable community improvement projects. RDA were almost universal when they were shut down to increase the state’s revenue flow in 2011.
Now, a similar program authorized in 2015 allows cities to form Community Revitalization and Investment Authorities (CRIA) for areas within the cities that suffer from low income, high unemployment and crime rates, and have deteriorating infrastructure. While areas of Tulare almost certainly qualify, there was some hesitation among staff and the Council about whether to pursue the revenue.
Initial Investment
Jones, who was not alone in his concern that Tulare may be biting off more than it can chew, worried about how the city would pay for a study to find out if it can qualify for a CRIA. “Here’s what I expect to know about the report is: Who’s going to do it? How are we going to pay them? That’s the appropriation,” he said. “Is this something we’re going to have to hire a consultant to tell us if we qualify, or are you going to do it?”
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The City of Woodlake could soon have a hearing before the United States Supreme Court, if the city has its way. Woodlake Police Officer Daniel Garibay sued the City of Woodlake for wrongful termination in October of 2015, and a series of appeals by the city leaves the Supreme Court as the only place for the city to turn. The Woodlake Police Department fired Garibay in February of 2015 for “committing acts that brought discredit to the department.” Garibay’s lawyers, Marguerite Melo and John Sarsfield, allege that Garibay was actually fired in retaliation for his relationship with the wife of a friend of the Woodlake City Manager, Ramon Lara. Garibay originally filed his lawsuit in Tulare County Superior Court, alleging that his federal civil rights were violated when the City of Woodlake conducted an intrusive investigation of his relationship with a woman the court documents identify as Jane Doe.
Catherine Doe The city then further violated his rights, he claims, when he was fired from the Police Department because of this relationship. He claims that the Woodlake Police Department infringed upon his freedom of association, privacy, and due process, all rights found in the Bill of Rights of the US Constitution. The city has not denied it fired Garibay for having an affair, but says it broke no laws in firing him. The city attempted to get the case dismissed, but Judge Bret Hillman of the Tulare County Superior Court allowed Garibay’s civil rights claim to go forward. Woodlake then asked the Court of Appeals, in Fresno, to review Hillman’s ruling. After a few months, and briefings by both sides, the court did not reverse Hillman’s ruling. The city then challenged that
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Sanctuary State Vote Brings DREAMer Out to Comment Despite what the president may say, DREAMers are not immune to being picked up by ICE agents. On February 14, a CNN report on the detention of 23-year-old Daniel Ramirez Medina in Tacoma, Washington following his arrest in his father’s home, observed that “The case raises questions about what it could mean” for the 750,000 DREAMers, who had “received permission to stay under DACA.” “On March 7, the Los Angeles Times reported that 22-year-old Daniela Vargas of Jackson, Mississippi became the second DACA recipient to be detained by the Trump Administration, further raising speculation about President Trump’s commitment to DREAMers and questioning whether immigrants who speak out against the administration’s policies should fear retaliation,” according to Wikipedia.
DACA and DREAMers
Both have been released. However, “questions remain regarding the future of DACA recipients due to the Trump administration’s initial plans,” according to Wikipedia. During a packed house April Tulare City Council meeting, Jessica, a 20-yearold DREAMer from Visalia, chose to speak in favor of the city standing behind California as a sanctuary state (SB-54). The issue had been brought to council attention by Councilmember Jose Sigala,
Nancy Vigran and placed on the agenda. SB54 is the bill facing the state legislature which would prohibit law enforcement, within the state, from detaining individuals due to their immigration status. The bill is often referred to as a sanctuary state bill. It is also, often, misunderstood. A full-time COS student, Jessica has lived in the US since the age of one. She has asked for her last name not to be used in this article. Jessica’s father is a US citizen. Four of her older siblings were born in the US, and therefore are also US citizens. Her parents had crossed over the board illegally and had her older siblings – her dad had gained his citizenship, but they moved back to Mexico for a while. One brother and Jessica were born in Mexico, and brought to the US. Since their mother is not a US citizen, neither of the younger two siblings are. Jessica has applied through DACA (Deferred Action for Childhood Arrivals) twice and is currently working on her third set of papers. The DACA immigration policy was founded by the Obama administration in 2012. It allows undocumented immigrants who entered the States as children, a renewable two-year period of deferred action from deportation along with a work permit, while working toward
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