Westside Healthcare District Case No. 12-26c*

The WSHD provides a vital service that meets response time requirements to the people within the districts they serve in Merced and Stanislaus counties. Response: The Board agrees with this finding.

The WSHD board has difficulty keeping the board member seats occupied. As board members resign, new members appointed by a majority vote replace them. Few citizens in the district express interest in running for an elected board position. Because of this lack of interest the person with the most seniority on the board has greater control of the board and the district, thereby, creating a dysfunctional board and higher probability of poor administration. Response: The Board agrees with this finding. This issue was discovered following the resignation of The President of the Board in December of 2010 and was the catalyst that plunged our District into turmoil which we are now getting back under control. ع الماليك المالك المستب 151 South Highway 33 • Newman, CA 95360 • (209) 862-2951 • (209) 862-3248 FAX WESTSIDE C S R Τ D During the first months of 2011, I found myself getting phone calls on an almost daily basis from our Ambulance Director informing me of Operations and Personnel Issues and wanting me to tell him what I wanted him to do. I explained to our Ambulance Director that what he wanted was not my decision as President of the Board to make; it was his duty and responsibility as the Ambulance Director to address the day to day operations of the District and make decisions based on what was best for the District, The Citizens of the District and our Employee's.

The WSHD board has close personal relationships within the existing board members, and between board members and the employees. This creates conflicts of interest in making decisions and resolving business issues. Response: The Board agrees with this finding. At this time one of our Board Members is married to our "Chief of Operations" and another is the Brother In-Law of one of our Full Time Employee's. We are well aware of the potential for creating a conflict of interest situation and whenever any matter involving a family member of a Board Member arises, that Board Member is not allowed to vote on the matter.

Prior to the recent harassment allegations there has been little sexual harassment awareness and prevention training provided to employees and management as required by the CA Department of Fair Employment & Housing (DFEH) which states, "All employees must receive from their employers a copy of the DFEH pamphlet "Sexual Harassment is Forbidden by Law..." (Fair Employment and Housing - Sexual Harassment, 2010). Response: The Board agrees with this finding. This was an issue that did not come to the Boards attention until after a Complaint Alleging Sexual Harassment by Two of our Female Employee's against our Assistant Ambulance Director. The subsequent investigation into the Complaint of Sexual Harassment conducted by an outside Agency discovered numerous Personnel and Training Issues that our Ambulance Director was not Properly Complying with. The Board immediately brought in an Outside Agency to Review all of the District's Policies and Procedures and then to take the necessary action to correct the areas where the District was deficient. Many of the issues have already been rectified and those few that remain are being handled as of the writing of this response. South Highway 33 • Newman, CA 95360 • (209) 862-2951 • (209) 862-3248 FAX WEST SIDE R S Τ D

There is a conflict of interest in the proposed recommendation to implement a process where at the time of annual reviews each employee and board member will sign a document stating they have not been a victim of sexual harassment or are aware of any harassment issues going on. SCCGJ finds that this proposed recommendation is an intimidating review process for the employees or board members. Response: The Board disagrees with this finding. I brought this issue to the Boards attention because The County of Merced requires every employee to complete and sign the same document every year during their annual performance evaluation. If this issue was in fact creating a "Conflict of Interest" then County Counsel and the Personnel Director would not allow the continued use this form.

The principal qualifications for assuming the role and responsibilities of the Ambulance Director position were living in the district, expected long-term commitment with the organization, and did not working for multiple companies which could lead to a conflict-of interest. Professionalism and supervisory skills were apparently not paramount in determining qualifications for the position as Director. SCCGJ also finds that the candidates interviewed for the Directors position were current district employees. Response: The Board disagrees with this finding. As of the writing of this response, the Board has not hired a full time Ambulance Director to replace our last Ambulance Director. When our last full time Ambulance Director chose to leave the District, the Board of Directors added the duties and responsibilities of the Ambulance Director to the Assistant Ambulance Director on an Interim Basis. This decision allowed the Board of Directors to determine what course of action to take in regards to hiring a full time Ambulance Director. In May of this year, the Board entered into a six month contract with the Ambulance Director from Patterson District Ambulance to take over the Administrative functions and assist Interim Ambulance Director in the daily operations of Westside Community Ambulance.