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After hearing, Massena supervisor 'reserving decision' on firing MMH board chairperson

Posted 1/22/19

Updated 4:40 p.m. Jan. 22 to include link to Sue Bellor's complete statement she gave at the hearing. MASSENA -- Town Supervisor Steve O'Shaughnessy is "reserving decision" on firing Massena Memorial …

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After hearing, Massena supervisor 'reserving decision' on firing MMH board chairperson

Posted

Updated 4:40 p.m. Jan. 22 to include link to Sue Bellor's complete statement she gave at the hearing.

MASSENA -- Town Supervisor Steve O'Shaughnessy is "reserving decision" on firing Massena Memorial Hospital Board of Managers chairperson Sue Bellor.

Bellor had a hearing today on the supervisor's attempt to remove her from the board. About 25 Massena hospital employees, current and former MMH board members and town residents showed up to support her. A quorum of Town Council members was present -- O'Shaughnessy, and councilors Tom Miller and Albert Nicola.

"I just want to thank everybody in Massena that showed up," Bellor said, also extending thanks to the Town Council for going through "the proper legal process."

"What's nice about Massena is when they see somebody has been wronged, they speak up," she said.

O'Shaughnessy wrote to Bellor in a letter on Jan. 4 that he is removing her from the board, after she had officially assumed the chairperson role Jan. 1. In her speech, Bellor said she had seen an official document from the town saying she had been officially fired Jan. 3, one day after she criticized the supervisor for appointing Dr. Michael Maresca to the MMH board, which she said is a conflict of interest. Bellor cited Maresca's presiding over St. Lawrence Radiology, which contracts to provide imaging services at MMH.

Following the hearing, Bellor said she hopes her ordeal doesn't discourage future volunteers from wanting to serve on a volunteer board.

"I hope there are people out there who still want to volunteer," she said.

MMH board member Loretta Perez attempted to ask the supervisor a question at the conclusion of the hearing, but O'Shaughnessy cut her off and refused to take questions, although he did briefly speak with members of the press afterward.

When asked how he felt after hearing Bellor's speech, the supervisor declined comment.

Perez said she wanted to ask O'Shaughnessy how he can be a neutral officiant in the matter if he's the one who wants her off the board.

"How can he be an impartial judge if he's the one that fired her?" Perez said after the proceeding. "Mr. O'Shaughnessy making the final decision makes no sense to me.

"I'm hoping he reverses his decision and realizes he made a mistake."

No Independent Examiner Required

Town attorney Eric Gustafson said state law allows O'Shaughnessy to make a unilateral decision.

"The statute governs the way these hearings are held and it doesn't provide for an independent examiner," Gustafson said. "It can't be arbitrary and capricious."

He said there is no timeline given in the statute governing how long the supervisor can take to make a decision.

The only comments O'Shaughnessy made during the hearing were to state items of which is he "taking notice."

"In my decision also taking notice and factoring the financials" from September to December of this year "along with 2015, [2016] audited financials of MMH and unaudited financials from 2017 and 2018," the supervisor said. "I am also taking notice and factoring into the decision your position on the Board of Managers since January 2012 and a member of the executive committee during 2018."

Bellor Responds to Allegations

In her lengthy statement, which can be read in its entirety here, Bellor started off by saying she believes O'Shaughnessy was unprofessional for the way he went about terminating her.

"The manner in which this was done is disrespectful, unprofessional and uncalled for, especially to a civil servant to our community," she said during her introduction.

She responded to four charges O'Shaughnessy made in his Jan. 4 letter where he said he is removing her from the MMH board.

The first point she refuted was "failure to improve the financial condition of Massena Memorial Hospital." She referred to the allegation as "unfounded and unreasonable."

"We believe the town and the supervisor are exposing the taxpayers to additional risks and costs due to their actions and failure to act on the asset transfer agreement last year," she said. She said the MMH board's selection of Claxton-Hepburn Medical Center/Crouse Hospital as their preferred affiliate will turn things around at the hospital, which saw a $5.5 million loss from operations in 2018.

"This decision will preserve the healthcare that is delivered and also the over 400 jobs and remaining a full-service community acute care facility," she read from her written remarks, copies of which were provided to the press after the hearing.

O'Shaughnessy in his letter also accused Bellor of "failure to install a management team capable of leading MMH without exposing the taxpayers of Massena to inordinate financial risk."

Bellor then listed a number of MMH management officials she says have combined more than 200 years of experience in healthcare management. They included CEO Charles Gijanto, CFO Pat Facteau, Chief Nurse Officer Raylene North, coporate compliance officer/professional and practice management Julie Zyzik, senior director of public relations/strategic planning/physician recruitment Tina Corcoran and senior director of human resource Joann Ellis. Bellor also listed off their decades of career accomplishments and relevant education.

The third accusation from the supervisor to which Bellor spoke was "failure to exercise adequate control of the general superintendence and management of Massena Memorial and the matters relating to government, discipline, contracts and fiscal concerns thereof."

She first referred to the change in CEO that occurred in June. Then-CEO Robert Wolleben resigned abruptly for reasons that were unclear at the time. MMH board member Paul Morrow in December said Wolleben was "forced out" by the town because he didn't see eye-to-eye with O'Shaughnessy.

"In June, [the MMH board was] forced to let an experienced CEO walk out the door because he was pushing for the hospital to move forward with the asset transfer agreement and an affiliation for the survival of this community hospital," Bellor read from her statement.

She also pointed to 35 "activities initiated or led by the CEO since Sept. 1." They cover a range of matters, including "instituted a business planning initiative to address loss of market share and add new services." She also noted working out a deal to share urology and podiatry with CHMC and to bring a third orthopedist on board.

"Another orthopedic surgeon for our area, so we'll have three, which will be very good for this community," Bellor said.

She also pointed to various work dealing with labor union and employee relations, working toward ensuring quality services and expanding or adding services, including more chemical dependency collaborations with St. Joseph's, and other areas.

The final charge Bellor addressed was "failure to maintain an adequate inspection of said hospital and keep yourself informed of the management of same."

"That is not true," she said, pointing to the MMH board providing "detailed financials" to Councilman Sam Carbone, the Town Council liaison to the MMH board, and O'Shaughnessy.

She also said the hospital, at the Town Council's request, compiled a binder of various documents including those related to affiliation, hospital financials and MMH's "turnaround plan" to and provided it to the town. And, on Dec. 3, Gijanto met with town board members and discussed it, Bellor said.

She also pointed to audited financial statements toward which their auditor of the last three years has raised no questions as to their accuracy. She also discussed the hospital's accreditation by the Joint Commission, which is recognized nationwide, and big accolades received by their lab, information technology and imaging departments.

She also discussed unannounced state inspections she said found no issues.

"On New York State Department of Health profiles, MMH received 0.4 percent complaints per 10,000 patient days and 0 percent were substantiated during the period of Jan. 1, 2017 to Dec. 31, 2017, compared to Canton-Potsdam Hospital with 0.6 percent complaints per 10,000 patient days and 60 percent of complaints were substantiated at St. Lawrence Health System/Canton-Potsdam Hospital," Bellor read from her statement.