There is ample evidence that the priority of AB918 and the creation of the Imperial Valley Healthcare District (IVHD) was expediency; and not in the real interest of designing a well-functioning, equitable and sustainable healthcare system.
This Thursday, October 24th that priority of expediency will be weighed against the rights of voters. It will be an important day for the legacy of Pioneers Memorial Hospital District. It begins at 8:30am at the Imperial County LAFCO meeting with consideration of the dissolution of PMHD as recommended by the IVHD. . On June 13, 2024 the IVHD adopted Resolution No. 2024-04, recommending that Imperial LAFCO dissolve the Pioneers Memorial Healthcare District on December 1, 2024. The CEO for LAFCO has provided for three options for the Commission to consider:
- Commence the dissolution of the Pioneers Memorial Healthcare District pursuant to Assembly Bill 918 with a dissolution date of December 1, 2024 as recommended by the Imperial Valley Healthcare District.
- Commence the dissolution of the Pioneers Memorial Healthcare District pursuant to Assembly Bill 918 with a dissolution date as revised by the Commission.
- Provide directions to staff.
On that same day, shortly after the LAFCO meeting, a court hearing will take place beginning at 1:30pm in Department 9 of the Superior Court to address Pioneers Memorial Hospital District’s motion for a preliminary injunction against Imperial Valley Healthcare District (Case No: ECU0003473). Previously, the judge ruled against a motion for a Temporary Restraining Order against IVHD in an effort to prevent them from moving forward to dissolve PMHD. Instead of granting the restraining order, and recognizing that LAFCO had already posted the agenda for the dissolution discussion, the Judge ordered that “the dissolution of PMHD shall be stayed immediately without going into effect.”
Additionally, in the last 2 months a petition has been circulated that protests the dissolution of PMHD on December 1, 2024. Several thousand signatures from residents in the north end of the County have signed the petition. The petition serves two purposes: 1) provide notice to the LAFCO Commission that there is widespread opposition to the dissolution contrary to Assemblyman Garcia’s assertion that there is widespread support in the north end of the County; and 2) the petitions will be submitted along with a request to initiate the process for a protest hearing. Protest hearings are allowable under the Cortese Knox Hertzberg Local Government and Reorganization Act (CKH), Government Code Sections 56000 et. Seq. and specifically in Code Sections 56663, 57002(a), 56150, and 56375(a)(2). However, it is IVHD’s contention that this provision of law does not apply according to AB918. This is another example of how the voters have lost their voice in the process to determine the status of their hospital that they have supported for over 70 years.
The City of Brawley has submitted a letter to the Commission, that requests that 1) IVHD submit a plan outlining the transition of how IVHD plans to take over PMHD and how it will ensure a seamless transition; 2) How current staff will be affected, and: 3) Upon the dissolution, suspend the property tax levied on residents until a new tax is approved by voters and all those living under the IVHD district is required to pay their fair share.
Given the gravity of these decisions, and the inability to undo a dissolution and transfer of PMHD assets, we recommend that Imperial County LAFCO hold off on making any decision that would set in motion the dissolution of PMHD until the Court has ruled. Rather, LAFCO should direct staff to initiate the process under the CKH law to uphold the voice of PMHD voters that AB918 sought to silence.
In light of these developments, it is clear that AB918 has created a law that has eroded a community’s right to self-determination, voting rights, and property rights. We hope that the Court will grant the preliminary injunction in order to slow the merger process down which would allow for greater public participation in designing a healthcare system that is state of the art, fair, equitable, and sustainable. Finally, we encourage all interested individuals to attend the hearing on Thursday morning at the El Centro City Council Board Chambers, located at 1275 West Main Street, El Centro, CA.
This time, it is critical that the public’s voices be heard!