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LAKE COUNTY – The Lake County Office of Education is the object of an ongoing investigation by Lake County's grand jury, whose newly released report looks at allegations of overspending, jobs awarded to individuals without qualifications and retaliation by administrators against employees.

Chris Thomas, the Lake County Office of Education's deputy superintendent of education services, said Friday that the agency was disappointed with “a lot of very general allegations” made in the report, to which it plans to quickly respond.

“There are two sides to every story,” said Thomas, adding that the report “blindsided” the agency.

Lake County's latest grand jury report, released to the general public on Friday, stated that its Public Services Committee “received several complaints alleging a wide range of violations against the Lake County Office of Education.”

The agency, which is independent of the county government, supports local school districts with technical and advisory services while also overseeing the Aspire Program and Clearlake Community Day School.

The Lake County Office of Education is overseen by Superintendent Dave Geck, who was elected to his four-year office in June 2006 and sworn in during the fall of that year following the early retirement of his predecessor, Bill Cornelison.

The complaints submitted to the grand jury included “falsifying documents, receiving credentials under false pretenses, exorbitant spending, misuse of grant funding, wrongful dismissal, violation of policies and procedures, employee abuse, and negligence involving a student,” according to the report.

The report stated that the grand jury's Public Services Committee began investigating the allegations last December, and the inquiry was still ongoing when the report was prepared last month.

“The committee interviewed numerous witnesses, received and reviewed copies of reimbursement vouchers and documents relating to the investigation, and interviewed members of the LCOE administration,” the report stated, adding that the investigation had “grown significantly.”

Geck was interviewed, the report stated. Also interviewed was Thomas, who confirmed she was among those who appeared before the committee.

The investigation is ongoing and will continue this coming year, according to the report.

Chief among the allegations is that an individual within the agency was granted an administrative position and a $25,000-per-year salary increase yet lacked the qualifications for the job, which was created in 2007 and wasn't posted publicly before it was awarded.

The individual who received the job was not named in the report, and Thomas would not confirm the person's identity, saying it's a personnel matter.

Other complaints included a “pattern of exorbitant spending” by an administrator responsible for grant funds, although “documentation has not been discovered to prove misappropriation of grant funding,” according to the report; “hostile conditions,” including verbal and mental abuse; termination of some employees without representation; and reports regarding a student's academic achievements and placement which were allegedly altered to justify the student's placement in a class at the Clearlake Community School.

There also was the matter of fear of recrimination. “Several current employees of LCOE revealed, under oath, fear of administration and fear of repercussions for appearing before the committee,” the report stated.

Asked about that reference, Thomas said the agency's administration would not know who was appearing before the committee, so the accusation was baseless.

Did administration receive any complaints from employees about hostile work environment conditions or specific administrators? Thomas said she couldn't answer the question because it was a personnel matter.

Because the investigation is ongoing, the grand jury report offers no recommendations on the situation.

The report was released to county department heads and other agency administrators, such as Geck, on Wednesday, after the new grand jury was impaneled.

Thomas said Geck saw a copy of the report on Wednesday afternoon. The following day, he left for a planned Alaskan vacation. He's scheduled to return to the office July 28.

“The timing is bad,” said Thomas.

Before he left, Geck discussed the report with Thomas, she said.

“The superintendent has said he will be looking at these issues,” said Thomas.

She said the agency wants to speak to the grand jury about the report's findings and provide an immediate response. Thomas said the Lake County Office of Education disagrees with portions of the report, although she did not specify which parts of the report with which they did agree.

Will they investigate allegations of overspending of funds in responding to the grand jury report?

“What I can tell you is we're looking at all the allegations written here, and we're taking them very seriously,” Thomas said during an interview with Lake County News in her office Friday afternoon.

The report on the Lake County Office of Education is just one of many investigations contained in this year's grand jury report, which is 254 pages long and considered one of the most extensive ever produced.

Bron Locke, the grand jury's foreman, could not comment on the specifics of the report's contents. Generally, however, he said that the report was more extensive this year because the grand jury wanted to be as thorough as possible.

The Lake County Office of Education inquiry is one of several that will continue in the year ahead, said Locke.

“The grand jury has a responsibility to let people know we are actually watching,” he said.

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Written by: Elizabeth Larson

Published: 11 July 2008

 

NOTE: This story contains images some readers may find upsetting.

LAKE COUNTY – In recent weeks county Animal Care and Control officials have confronted a number of animal cruelty cases, the latest involving two severely abused dogs.

According to Animal Care and Control Director Denise Johnson, one of the dogs was hit by a semi truck and given no veterinary care, while the other was found unable to stand and without food and water.

Both remain under veterinary care and the county's protective custody, officials stated.

Johnson reported that on June 27, Animal Care and Control Officer Eric Wood responded to a welfare call on a dog that was hit two days previous by a semi truck.

The person reporting the dog's situation alleged that its owners sought no medical treatment for the animal, which had been crying in agony for two days, Johnson said.

When Wood arrived at the owners' residence, he found the 6-month-old, 25-pound female pit bull was unable to stand, said Johnson. The animal hadn't been able to urinate for two days.

Wood rushed the dog – dubbed “Whiskey – to Wasson Memorial Veterinary Clinic in Lakeport, where veterinarians confirmed she was suffering from a shattered hip, Johnson said. Whiskey then underwent emergency orthopedic surgery.

“She's doing great,” Wood told Lake County News on Friday. “She hasn't made a full recovery but she's on her way.”

Wood said Whiskey can stand up and walk around, although she might have suffered nerve damage to her right back leg.

 

 

 

 

However, he said Whiskey has a great attitude, which is aiding her recovery. “She possibly could be released from the vet in a week.”

Once released, Whiskey will remain in protective county custody, said Wood. Her owners, who have not yet been named, have 14 days to pay the veterinary bill to retain ownership. If they don't, her ownership will revert to the county, which will place her in a foster home.

The outlook so far isn't as bright for “Luke,” a 10-year-old German shepherd who Wood found while responding to a call earlier this month.

 

 

 

 

Wood found Luke with no food, water or shelter, lying in the direct sun and unable to move. What's more, the 10-year-old, 120-pound dog could not stand, and was dragging his hindquarters when he did try to move, Johnson said.

By attempting to drag himself across the yard, Luke had suffered wounds, which Johnson said were open and filled with maggots.

Johnson said Luke was in pain, and his fur was matted and filled with stickers and foxtails. The person who reported Luke to authorities alleged he had been in that condition for weeks, and the owner – whose name officials haven't disclosed – hadn't taken him to the vet.

Wood impounded Luke and took him to Clearlake Veterinary Clinic where he received emergency care.

 

 

 

 

 

 

However, Wood said Friday that he had checked with the veterinarian that day, and Luke's prognosis wasn't looking promising.

“He could go either way as far as making a full recovery or not,” said Wood. “He's 10 years old so his age is working against him right now.”

Luke also is extremely overweight, which is complicating his recovery, Wood said.

Wood said he'll know more about Luke's outlook on Monday. At that time, if Luke still can't stand on his own, it will be up to the veterinarian to decide if it's more humane to euthanize the dog.

“From what I've seen, it doesn't look good, though,” he said.

Cases against the owners are being referred to the District Attorney's Office. Wood said they'll face animal cruelty charges.

The Humane Society of the United States reports that a conviction on California's felony anti-cruelty statute calls for a maximum fine of $20,000 and between one and three years in jail, with psychological counseling also mandatory. That law was enacted in 1988 and pertains to all kinds of animals.

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Written by: Elizabeth Larson

Published: 11 July 2008

LAKEPORT – A local doctor has sued the Lake County Record-Bee for libel, saying an April story incorrectly reported on her medical care of a patient, leading to damage of her professional reputation.

The case was filed in Lake County Superior Court on May 27. No specific damage amounts are listed, and no initial hearing has yet been set. The newspaper must serve a responsive pleading by July 18.

Named in the suit as defendants are the Record-Bee's parent company, MediaNews Group Inc., the fourth largest newspaper company in the United States; Publisher Gary Dickson; Managing Editor Rick Kennedy; former staff writer Elizabeth Wilson; and Does one through 10.

The story in question, published April 15, said Dr. Camille Keene diagnosed local radio personality Eric Patrick last November with a rare form of Amyotrophic lateral sclerosis – also known as ALS or Lou Gehrig's disease – and that the diagnosis was incorrect.

The story went on to state that doctors at the University of California, San Francisco Medical Center conducted tests that found Patrick has a disease called Dystonia, not ALS. The only source quoted in the article was Patrick.

Contacted for comment on the story, Dickson offered a statement via e-mail.

“The only comment I will make at this time is that it is unfortunate that a lawsuit arose from a story about a well known local person’s good fortune,” Dickson wrote.

Patrick, when contacted by Lake County News, refused to comment. “I'd just as soon stay out of that.”

Tamara L. Morgan and Stephen Boutin of the Sacramento law firm Boutin, Gibson, Di Giusto, Hodell Inc. are representing Keene in the suit.

Morgan told Lake County News that the article titled 'Misdiagnosed man reclaims his life' was inaccurate and damaging, especially because it repeatedly used the word “misdiagnose” – a term akin to incompetence in the medical world.

The suit states that Dr. Keene never assigned a final, incorrect diagnosis of Patrick in the first place.

A letter Boutin sent to the Record-Bee, dated April 18, said the facts of the case didn't support the “reckless conclusion” that Patrick had been given a wrong diagnosis, and that the article had imputed to Keene “incompetence.” The complaint stated that at no point in Keene's assessment of Patrick did she arrive at a “final, incorrect determination of his medical condition.”

The letter also questioned why the article did not address how Patrick got to UCSF for further testing. “Mr. Patrick could have gotten his appointment with UCSF on his own, or as a result of the referral from some other physician, or possibly as a result of a referral and diligent efforts of Dr. Keene. By what means did Mr. Patrick obtain an appointment at UCSF? Why did he go to UCSF? Did you ever confirm the facts in this regard?"

Furthermore, the letter said the article was wrong in its chronology. “We can tell you that there was no diagnosis whatsoever and no communication [between Patrick and Keene] in November 2007.”

Morgan said former Record-Bee staff writer Elizabeth Wilson made no attempt to contact Keene to verify the accuracy of the statements relating to her care of Patrick. Morgan said Keene checked with her receptionist about whether any messages had been left by Wilson, but there were none.

Doctor seeks retraction of story

Boutin's letter to the Record-Bee asked for an immediate retraction, pursuant to Civil Code section 48a, which sets out procedures for seeking story corrections. Such demands have to be served within 20 days of knowledge of a publication that is believed to be libelous.

He also sought publication of the retraction in as conspicuous a place as the paper's front page, above-the-fold placement of the April 15 article.

Keene's attorneys also suggested the newspaper should follow up with Patrick in an effort to get all of the facts and present a complete story which they said would vindicate Dr. Keene.

The suit states that Kennedy was apologetic and expressed his desire to correct the reporting. In response to their request that the story also be removed from the paper's Web site, Kennedy sent them an e-mail on April 23 assuring them that the story would be taken down later that day.

However, a basic archive search performed Friday evening for Patrick's name on the Record-Bee site brings up three headlines, including the story Kennedy said would be removed.

When retractions are sought, the Civil Code offers a publication three weeks to run a retraction from the time a notice of demand is submitted. However, no retraction appeared in that timeframe.

Three weeks after Boutin sent the letter, he received a response from Rachel Matteo-Boehm of Holme, Roberts and Owen LLP, the Record-Bee's San Francisco attorney, who warned that, regardless of whether or not the paper published defamatory statements, Keene would risk paying attorneys' fees and further adverse publicity if she filed a libel suit.

Matteo-Boehm's letter further said she planned to file a motion under California's anti-SLAPP (strategic lawsuit against public participation) statute, which is meant to protect citizens' rights to free speech.

In an interview with Lake County News, Matteo-Boehm said the Record-Bee stands by its story, the reporting of which did not err in Patrick's case.

“Based on what we understand to be the facts of the case, the use of the word 'misdiagnose' was entirely appropriate,” she said, adding that Keene's suit is “unmeritorious.”

Because the case is ongoing, Matteo-Boehm said she could not comment on specific aspects of it, including Keene's assertion that she was never called for an interview. She also would not comment when asked if the newspaper attempted to followup with Patrick on the story.

Because the newspaper stands by its report, it did not find doing a followup story on Keene's perspective – which is what Keene's counsel had suggested – to be appropriate, said Matteo-Boehm.

Instead, Matteo-Boehm said the Record-Bee attempted to work with the doctor, inviting her to submit a letter to the editor or a guest commentary after receiving the letter from Keene's attorneys. Matteo-Boehm said she did not know why Keene hadn't exercised those opportunities.

“The newspaper believes in speech,” Matteo-Boehm said.

After following the statute in an attempt to get the record set straight – which Morgan called “a disappointing process” – they filed the suit based on the “egregiousness” of the article and the paper's response.

“The reason we filed the lawsuit is she needs a voice,” said Morgan, adding that Keene has been unable to publicly defend herself or refute what she considers to be defamatory statements.

The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) severely limits what information a physician can disclose about a patient, which Boutin pointed out to the newspaper in his April 18 letter. As a result of the law, “Dr. Keene is very limited at this time in the information that we can provide to explain the relevant circumstances, and in turn, to defend Dr. Keene’s reputation.”

At the same time, Boutin said Keene is “a fair-minded and ethical person” who both wanted to strictly adhere to the regulations and protect Patrick's privacy – “to the extent it still exists.”

In an effort to avoid violating Patrick's right to not have his confidential information disclosed, Keene also hasn't disclosed his files to her own counsel. However, evidence can be presented in court in such a way as to protect Patrick's medical information, which will be subpoenaed for the case, said Morgan. Keene's attorneys plan to request the court grant a protective order to seal Patrick's medical records from the public.

Morgan said her office contacted Patrick via a letter to ask him to voluntarily submit his records to Dr. Keene's counsel in order to clarify the statements to made to the Record-Bee.

She said he called to ask who they were working for and why they wanted a release to view his medical records. When they told him they were working for Keene, he exclaimed “No!” and abruptly hung up the phone.

Keene is the county's only neurologist, said Morgan. She's practiced in Lakeport for the past three years.

The doctor's practice relies on referrals from other physicians. “What she's seeing now is there's been a drop-off in referrals,” said Morgan.

The letter Keene's attorneys sent to the Record-Bee also brought up the issue of the $46,000 raised in a community fundraiser on Patrick's behalf. Patrick told Wilson that he planned to spend $5,000 to go to a Mayo Clinic in Arizona to make sure he had Dystonia, not ALS. “In his mind, he still does not have a definitive diagnosis,” the letter stated.

Matteo-Boehm said the Record-Bee hasn't filed its official response to the libel suit, which is due the middle of this month. She said they may file an anti-SLAPP motion but no action has been taken yet, which was confirmed by a check of Lake County Superior Court records Friday.

Libel cases uncommon for California papers

Terry Francke is founder of Californians Aware, a nonprofit that assists journalists with open government and First Amendment-related issues. He said the first examples of SLAPP suits were brought by powerful interests trying to muzzle critics during the permitting process on large developments.

“The problem with a SLAPP suit is it was not intended to really win as much as to make it so costly for the speaker that the speaker would be intimidated and shut up,” he explained.

As a result, the anti-SLAPP motion was created, and has been in use in California for close to 20 years, according to Francke. It requires the plaintiff to put on their best case, in brief, to show if they have been injured and have a chance of winning the case.

“That's a very powerful maneuver,” he said. It also requires no legal discovery before the hearing.

As a result, use of the anti-SLAPP motion has become commonplace for attorneys defending libel cases, said Francke.

He said First Amendment defenses offer broad protection for reporters. “The First Amendment protects not only responsible and professional reporting, but also negligent reporting.”

To lose such a case, he said a plaintiff has to be able to show a journalist knew what they were reporting was false and showed a reckless disregard of the facts, causing damage.

Francke said the best cure for faults in reporting is more speech, such as in Keene writing a rebuttal letter or commentary, which Matteo-Boehm said the paper invited her to do.

He also posed the question that, if Patrick was indeed misdiagnosed, why did he not sue Keene for malpractice?

Even in today's litigious society, libel suits against newspapers aren't common, according to legal experts.

“I can't think of the last time a California newspaper has been sued,” said Jim Ewert, legal counsel for the California Newspaper Publishers Association, which represents more than 700 daily, weekly and student newspapers around the state, the Record-Bee among them.

Ewert said the small number of libels suits filed is a result of California's strong anti-SLAPP statute, as well as the difficulty of proving actual damages from libel.

“If they get it wrong, if it's false, most newspapers do the right thing and correct it,” said Ewert, adding that most newspapers go to great lengths to verify stories.

He said he's never seen an occasion when a newspaper got it wrong yet didn't correct its report.

Local attorney Robert Riggs said libel cases pose specific challenges, requiring a plaintiff to show they've been damaged by the publication, and that the statements contained in the report aren't true.

After reviewing Keene's suit, Riggs said, “I think it's an interesting case because it appears, on the face of it, that it may have merit.”

He added of the disputed article, “I think it wasn't very carefully written.”

He said the Record-Bee can bring the special motion to strike down the case under the anti-SLAPP statute, but he said he could see Keene's case surviving that motion and a judge ruling the case has merit, which would likely lead to a settlement.

Riggs said he believed a judge could be skeptical about granting relief under the anti-SLAPP statute since the Record-Bee, after being advised of its error, apparently declined Keene’s request that it publish a retraction.

Another reason libel cases aren't brought often is that damages are difficult to prove and document, said Riggs. “This is probably the biggest challenge to her case.”

Libel cases also can compound a bad situation with more adverse publicity, said Riggs.

The case brings to light other interesting legal questions as well, said Riggs, including Patrick's privacy rights. The issue of Patrick's health records could generate litigation in itself, but it could be argued that, by speaking with the media, he gave up his privacy.

Riggs has an unusual perspective on the facts of the case: His mother was diagnosed with the bulbar form of ALS that Patrick had stated publicly was the disease he believed he had. The disease, Riggs said, was very difficult to diagnose, and it eventually claimed his mother's life.

Morgan said that, despite the lawsuit's filing, Keene continues hoping that the Record-Bee will retract the story and correct its reporting on Patrick's situation.

Click here to view the lawsuit.

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Written by: Elizabeth Larson

Published: 11 July 2008