Hospital medical staff files open meeting complaint

June 8, 2011

The conflict continues at Memorial Hospital of Texas County (MHTC), as Medical Staff reports they are filing a complaint against MHTC CEO Jim Grocholski as well as MHTC Board of Control.
The Medical Staff claims the MHTC Board and CEO violated the Oklahoma Open Public Meeting Act Title 25, Oklahoma Statute Section 311, during the May 24 Board of Control meeting. The claim is based upon the action of a non-agenda item during the executive session.
CEO Jim Grocholski notified the physicians, via e-mail, the morning following the May 24 meeting of the action taken, as a result of the executive session. Grocholski also notified the Guymon Daily Herald with the same information about the action, via a phone call, that same morning.
In the e-mail to the physicians, Grocholski said, “The Board of Control made the motion last night after the posted Executive Session as Follows: ‘The Board of Control will not recognize the suspension of Dr. Perry Lin by Martin Bautista - Chief of Staff, Dr. Hianto Te - Chairman of Invasive Committee and Dr. Jeffrey Lim - Chairman of Mortality and Morbidity Committee because you have acted in a manner inconsistent with the Medical Staff By-laws.”
Martin Bautista, MHTC Chief of Staff told the Guymon Daily Herald, the medical staff “diligently followed the Bylaws, Rules and Regulations of MHTC Article IX Section 1 B 1: Potential reduction, suspension or termination of privileges on May 23, 2011.”
The Oklahoma Open Meeting Act Title 25, Oklahoma Statutes section 311 B states:
1. All agendas required pursuant to the provisions of this section shall identify all items of business to be transacted by a public body at a meeting, including, but not limited to, any proposed executive session for the purpose of engaging in deliberations or rendering a final or intermediate decision in an individual proceeding prescribed by the Administrative Procedures Act.
2. If a public body proposes to conduct an executive session, the agenda shall:
a. contain sufficient information for the public to ascertain that an executive session will be proposed;
b. identify the items of business and purposes of the executive session; and
c. state specifically the provision of Section 307 of this title authorizing the executive session
Dr. Lin was suspended temporarily for not longer than 14 days while an investigation was pending with the OFMQ.
“We believe that for safety issues for our patients trumped technicalities, “ Bautista said, “They should have followed our advice, however, they wanted to politicalize what was clearly a medical call.”
The medical staff reported the Board of Control violation to the Texas County DA, the OK Attorney General and the Texas County Commissioners.
“Overturning our resolution was a willful violation of the Oklahoma Open Public Meeting Act,” said Bautista, “They maliciously overturned a medical decision and purposely excluded us from the discussion which is illegal and unethical.”
Bautista also reported, instead of leaving Dr. Lin on suspension, the Board put him on vacation for two weeks and was officially back to work on Tuesday, June 7.
Grocholski told the Guymon Daily Herald, “The Hospital Board and Administration deny any wrong doing. The Hospital believes it follows the Open Meeting Act clearly and as directed. To falsely accuse the Hospital Board and management of willful violation is not only ridiculous but unspeakable. The Chief Executive Officer of the Hospital has been in contact with the Texas County District Attorney’s office and has reviewed the facts of last month’s regularly scheduled Board meeting. We are awaiting his findings and interpretation.”