Rights Group Accuses Hospital District of Intimidation

By Julie Fernandez

Tulare -A Latino civil rights organization is alleging the Tulare hospital district's lawsuit against a former chief executive officer is an attempt to intimidate voters from participating in a voting rights action against the district and has asked the U.S. Department of Justice to investigate.

“I have not seen anything this blatant,” Nancy Ramirez, western regional counsel for the Mexican American Legal Defense and Education Fund, said in a telephone interview Friday.

MALDEF notified the Tulare Local HealthCare District Feb. 12 that it is requesting the federal investigation. The hospital district's breach of contract lawsuit against former CEO Robert Montion charges, among other things, that he met with and provided information and support to a group of voters who have filed a lawsuit challenging how the district elects board members.

“It is not illegal to support the efforts of voters who seek to enforce their rights to equal participation in the political process under the California Voting Rights Act,” Ramirez said in her letter. “To characterize it as such is tantamount to voter intimidation.”

Leonard Herr, a Visalia attorney representing Tulare District, denied the allegation in a response to Ramirez and said the district's action is about getting Montion, who retired for health reasons last year, to honor the terms of his settlement agreement.
Her letter does not mention other allegations raised in the district's lawsuit, which Herr contends touches “upon a fraction of the things” Montion has done in violation of the agreement.

Looking at Montion's conduct as a whole, “it is easy to conclude that he has embarked upon a calculated course of conduct to disrupt the business of the district,” Herr wrote in the letter.

He cited Montion's slander lawsuit against Interim Chief Financial Officer John Church, who accused him of making threats in a parking lot after a board meeting, as an attempt to intimidate Church and other hospital employees.

“I have also been told that Mr. Montion has stated in no uncertain terms that he will do everything he can to get the president of the hospital board [Dr. Parmod Kumar],” Herr said.

'Chilling Effect'

While she doesn't know Montion or his employment history with the district, those details are irrelevant, Ramirez said.

What is relevant, she contends, is the district has targeted activities related to the Voting Rights lawsuit, which can have a “chilling effect” on others who may now fear retaliation from the district.

In his letter, Herr told Ramirez her letter fails to reflect the diversity of both the community and the hospital board.

“I challenge you to find any elected representative governing board that is more ethnically diverse than the district's board,” Herr wrote. “If you look at the history of the district's board, you will find just about every ethnic group in our county being represented on the board at one time or another.” He mentioned the recent service of Victor Gonzalez.

That may be the case, Ramirez said, but even if one, two or even a handful of Latinos have served on the board that doesn't necessarily mean the district is in compliance with the California Voting Rights Act.

Herr said the district takes the allegations in the Voters' Rights case seriously and is carefully reviewing the factual and legal bases for the lawsuit. He also said the plaintiff's attorney, Joaquin Avila, had not to date provided a legal or factual basis for the lawsuit.

Ramirez noted Avila is a renowned expert in the voting rights area.
The Voting Rights case is scheduled for an Aug. 4 court trial before Tulare County Superior Court Judge Melinda Reed.

TDH versus Montion

Herr and Montion's attorney, Russell Ryan, were due in Tulare County Superior Court this week for a case management hearing in the hospital district's case against Montion.

The two attorneys also were likely to discuss a tentative ruling by Judge Patrick O'Hara that, if it stands, would give the hospital district permission to conduct discovery in the case.

Ryan has filed what is called an “anti-SLAPP” motion that charges the district's action is an attempt to deprive Montion of his constitutional rights. When such a motion is filed, there is an automatic halt to the discovery process, which allows attorneys to subpoena and interview the involved parties and possible witnesses.

O'Hara's tentative ruling said the hospital district has the right to discover if Montion's use of his “alleged free speech rights in litigation or otherwise violated his agreement not to use those rights.”

The law does not bar a plaintiff from taking legal action related to a defendant's free speech or petitioning, O'Hara said. “It subjects to potential dismissal only those actions in which the plaintiff cannot state and substantiate a legally sufficient claim.”

He said the hospital district has the right to gather information to show the likelihood it would prevail in the lawsuit.

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Couple Working on Men's Shelter

Tulare - Putting their energies where their hearts are, Mark and Judy Peart McPhee are fixing up a 117-year-old home on South G Street where they want to launch HomeLand Missions, a Christian-based homeless shelter and sober living program for men.

Mark McPhee said he knows firsthand what it's like to be homeless and wants to offer others what worked for him, which is why he and his wife have put their time and money into the project for the last nine months.

He was a successful commodities broker in Southern California in the mid-1980s, when a series of events, including the kidnapping of his 9-year-old daughter and an automobile accident in which he was struck by a semi-truck, led to drug dependency and periods of street living, he said.

It wasn't until he entered the Visalia Rescue Mission and “grabbed the Lord with both hands” that his life was turned right-side up, he said. “There's no other answer [but Jesus Christ].”

HomeLand Missions will offer a seven-month program, plus aftercare, to help men who have successfully completed the program find jobs, housing and stay free of drugs and other addictions, the McPhees said.

They also plan to offer “guest housing” to provide a safe, overnight, sober-living environment for homeless men and, in the process, allow them to see how the HomeLand program changes the lives of others.

Gathering Support

The McPhees, who are preparing to take shelter plans to the Planning Commissionfor approval, said they have secured support for the HomeLand Mission shelter from Bethel Assembly of God Church (under whose 501C3 they are operating), landlord Dave Safina Jr., the United Methodist Church next door and several local businesses. They also said the Tulare Police Department has been clearing the surrounding streets to make the mission a safe place.

They are working on the 120 South G St home with the help of several homeless men and report they need more financial and hands-on help.

“We need a whole electrical system,” Judy McPhee said. Her husband explained the old cloth-wrapped wiring “shorted out” the night of Dec. 24, which didn't deter the couple and other volunteers from finding a way to feed about 200 people on Christmas Day.

The men working on the 2,800-square-foot house say a men's shelter is much-needed in Tulare.

“I've talked a lot of people into the program in Visalia [the Visalia Rescue Mission],” Raymond Lopez said, adding he worked for a time as head cook at the Visalia mission.

“The shelter's a blessing,” said Gordon Bowles, another worker. “I got a letter from a friend who's incarcerated who wants to go through the program here.”

'God Had a Plan'

Judy McPhee, who grew up in Tulare and founded K-DUV, a Christian radio station in Visalia with her first husband, the late Bob Peart, met Mark at the Visalia Rescue Mission when she came to preach for a three-month stint. They were married in 2005.

“The way we looked at it is God had a plan,” she said.

While he is not an ordained minister, her husband has “a pastor's heart” and is willing and eager to help others, she said.

Those who want to help with the project or who are seeking information can call Mark McPhee at 723-4823 or Judy McPhee at 303-6255.

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Ag Expo 2008: The Show That Satisfied

By Rick Elkins

Tulare - Nancy Lockwood of the Lockwood Agency, which oversees media relations for World Ag Expo, said Wednesday's crowd at the annual farm show was the largest she had ever seen.

Wednesday is traditionally the busiest day, but turning away cars because the parking lots were full was a first for her.

“First time in the history of the show we ever ran out of parking,” said Jerry Sinift, International Agri-Center general manager. He reported they sent 200 cars to the cotton gin. “It worked out really well. Wednesday was absolutely huge.”

While thick fog delayed the arrival of visitors on Tuesday and Wednesday, by noon each day the crowd swelled. Afternoon temperatures brought out not only farmers but sightseers as well.

By early afternoon Wednesday the 65 acres of parking were full. Those wanting to get in were advised to go to the park-and-ride locations and catch a shuttle to the show.

By all accounts, it was another successful show.

“I've got just hundreds of e-mails about how good the show was,” Sinift said.

“Toyota said it had 'an overwhelming response from the attendees.'”

In all, more than 1,700 different companies displayed their products over the three-days, including companies from 19 foreign countries. Show-goers came from across the nation and 1,250 of them from 71 foreign countries. Mexico sent the largest number of foreign visitors, 371, followed by Canada represented by the most visitors was Mexico with 371, followed by Canada with 271.

First time visitor Ray Brown of the Ukraine was interested in the dairy exhibits. He farms a 300-head dairy farm in his home country and not only took in the show, but went on the dairy tours as well.

“I'm always looking for ways to improve how we do business. I want to observe dairy herd sizes, how they are managed and bred and I'm curious to learn about water storage. We're always looking to improve the way we feed, especially with the rising cost of biofuels,” Brown said.

“Leadership and management here at the Expo are committed to improving the show to benefit both our exhibitors and attendees. I'm very happy that we can bring our visitors more dairy-related connections that will improve their daily operations,” said Shelley Khal, 2008 World Ag Expo chairman.

The 41st World Ag Expo brought a host of new additions to the three-day event, including 100,000 square feet of more exhibit space, the new Dairy Technology Center and an extra hour of the show each day.

Lisa Shaw of Pinecreek Precision, one of the companies exhibiting at the show, was pleased with the response. “I've been to shows all over the world and this is one of the most well-organized shows I've ever been to. Everything ran smoothly – it's truly a credit to everyone from the Orange Jacket volunteers to management.”

Sinift said the quality of attendees this year was excellent. “Our exhibitor advisory committee that goes around and talks to exhibitors came back with very positive feedback this year. Exhibitors said that they could barely handle more. They actually sold stuff.”

A first this year was the electronic registration that saw more than 35,000 visitors purchase their tickets on-line before the show even began. That system also allowed the Expo to collect information on attendees that will be valuable for the planning of future shows.

“It was just incredible. We had more changes in this show than we had in the last 6-7 shows combined. I was really pleased with electronic registration. During the show it went well, but there were a few hiccups,” said Sinift.

At the event's close, event organizers were more than pleased with the annual event and already planning improvements for 2009, especially in the expanded area.

“We are going to tweak it a little bit. Probably going to put a food booth back there,” he said, adding they will be looking at ways to get more traffic out there.

“We'll put some bells and whistles out there - more visibility, more advertising there.”

One thing not planned is another expansion, even though every inch of exhibit space was utilized this year. “There is no expansion planned right now, but it does beg the question, what is the next phase of expansion.”

The 2009 World Ag Expo is Feb. 10-12. Paul Simon is the chairman.

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Pixley Soldier Laid to Rest

Tulare - Family and friends of Pixley resident Timothy Paul Martin continued this week to mourn the loss of the Army sergeant, who died with three other soldiers on February 8, when their vehicle encountered a roadside bomb in Taji, Iraq.

A funeral Mass was scheduled for Wednesday at St. Anne's Catholic Church in Porterville, where the 27-year-old Martin had attended St. Anne's Catholic School and Monache High School. Burial was schedule at Tulare District Cemetery.

Martin, who was born in Tulare to Tony and Lucy Martin, was assigned to the Army's 2nd Squadron, 14th Cavalry Regiment, 2nd Stryker Brigade Combat Team, 25th Infantry Division. He joined the Army in April 2005 and was assigned to Schofield Barracks in Hawaii in March 2007. “Sergeant Timothy Martin's extraordinary courage and selflessness remind all Californians of heroic sacrifices made to keep us safe,” Gov. Arnold Schwarzenegger said after learning of Martin's death. He ordered flags to be flown at half-staff at the state capitol.

Others killed in the Taji blast were: Spc. Michael T. Manibog, 31, Alameda; Staff Sgt. Jerald a. Whisenhunt, 32, of Orrick, Mo.; and Gary D. Willett, 34, of Alamogordo, N.M.

News organizations in Hawaii reported six other soldiers were injured when the Stryker vehicle hit the improvised explosive device.

Martin was a graduate of St. Mary's College, where he earned a degree in biology, and had plans for post graduate study. He wanted to become an FBI agent.

His family has requested that people wishing to make donations in his memory contribute to Soldier's Angeles, wwwsoldiersangels.com or mail donations to: 192 East Washington Blvd., Pasadena, CA 91104.

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