What yesterday’s hospital vote means

September 17, 2009

Valencia! spent the day speaking with attorneys and others both on and off the record about what the motion passed by the Valencia County Commission actually means.

As is the case with the English language, sometimes one or two words can change the meaning of a sentence, or in this case, a motion.

Last night the commission passed this motion, as read by Commission Chairman Pedro Rael:

I make a motion that the county commission agree in principle to do the following things: void the contract, two, dismiss the appeal, three, consider other locations than the present location, move forward in these respects in accordance with the Hospital Funding Act, subject to discussion with the Valencia Health Commons regarding what they believe before making a final determination.

As we pointed out only minutes after the motion was passed, the motion includes the words “in principle,” a key phrase that indicates the four approving commissioners first and foremost agree with the items expressed in the motion.

Because of the words “in principle,” however, it means the commission hasn’t yet actually approved anything. The commission hasn’t in fact terminated the Valencia Health Commons contract. The commission hasn’t in fact authorized a dismissal of the hospital lawsuit appeal. And so on.

“The commission is not ready to take any action until they first discuss this matter with Valencia Health Commons,” said David Pato, one of the county’s attorneys.

Rael concurred with Pato in a separate conversation Valencia! had with him today.

He said “in principle” is linked to the “subject to” clause at the end of the motion.

“Those two clauses are related,” he said. “It may not have been obvious, but the reason for the words ‘in principle’ is because of the last condition. We want to make sure that we have a clear understanding as to the intent of Valencia Health Commons.”

He said the commission agrees that the health commons contract should be terminated, “but we don’t want to be so brazen about it with them.” The county wants to avoid a lawsuit from the group for breach of contract, even though Rael thinks the county is on firm footing to argue against any alleged breach.

“I truly hope they’re not interested in any further litigation at all and that they’re sincere in their desire to build a hospital,” he said.

Rael said the commission intends to invite the board members of the health commons to help the county move the project forward.

“They’re obviously interested in advancing medical care here in Valencia County and it seems to me that they would be interested in assisting us rather than hindering any effort,” he said.

What, then, did the commission actually do by passing the motion? It agreed to move forward with discussions of each of those items for action at a later time.

“The direction to the Modrall attorney that’s actually handling the case,” Pato said of Joan Marsan of Modrall Sperling, “is that she will have conversations with Valencia Health Commons and then also have conversations with the plaintiffs’ attorney.”

He said a settlement agreement, with “minor tweaking” requested by the commission, would still need to come before the commission for approval.

Posted in: Hospital