Travis County Commissioners Court
December 2, 2008
Item 21
Now, let's call bag to order the voting session of the travis aounty Commissioner's court, and this morning we did indicate our intention call up item 21. Everybody is here that needs to be here? Or that we expect to be here? 21 is to consider and take appropriate action regarding Travis County health care district board membership for the following three members: a, carl richie, jr., joint appointee of the city of Austin and Travis County. B, dr. Dr. Eduardo sanchez, and c, frank rodriquez.
>> good afternoon, judge, Commissioners, sherry fleming, economicker of health and human veteran's services and I'm here to update you on the status of the board of managers for the Travis County health care district and provide an opportunity for you to give staff direction on how you would like to proceed on vacancies and we have stacey wilson here who is the attorney for the district so I may have to defer to here. You have a summary agenda memo from health and summe human sers staff. You also have the call for previous nominations that we've used so certain certainly if cot members have interest inni makig changes to that, staff would like that direction if you choose to go out for nominations to fill your vacancies. Also, on page five of your back up,ni is a document that wasni prepared early on in the apoint process@xwf whichni describes e personal attributes and characteristics, expertise and competence that you would be looking for in someone who might be interested in serving on the board of managers. There is also a qualifications document that is included in your back up that is a part of that, and then you have a document that describes the current make up of the board of managers, and their expertise. Just briefly. Under separate cover, you received a memo from trish young, who is the president and ceo of the health care district, describing from her perspective the vacancies that exist on the board and then you've also received a packet from frank rodriguez, yourni appointee, who is requesting your consideration for reapoint to the board of managers. So with that information, if you like, I can sort of go through the posted agenda items and talk about each manager operately, or whatever you would like to talk about.
>> mr. Rodriguez is here today, right?
>> he is here today, yes.
>> he has been our appointee since December, 2004. And has been an active t%-still a glutton for punishmet and wants to be reappointmented.
>> yes, sir.
>> inni my view, we should honor that request.
>> move to reappoint.
>> anything you would like to say?
>> sorry you have to come to the mic.
>> I just want to thank the exhibitioners for the support of the district from inception to date and on going. The county staff has been great to work with, starting withnr purchasing when we first started to stacey's assistance, then the treasurer doing our investment portfolio and everybody has bob greats to work with and we hope we're doing a good job in maintaining the security and assets of the county as well from our decision making.
>> what are theni most pressing issues before the board of mlks at this point?
>> we're involve -- at the board of managers at this point?
>> nr we're involved with the ciy employees to become a nonprofit arm of the district and that isn time up and we're trying to jug he will that with maintaining willafety and -- jusu that with maintainingnr the safy and expanding that, so it is a chore. And trying to get to everything we promised the taxpayers, make sure that we're makingco an impt in each of those areas. Of course, the issue we're still dealing with is ourcrn/h(q clinic and, you know, trying to wj9ha process, and listen to the understoods still and trying to work out some sort of satisfactory solution on that issue.
>> okay.
>> so, we have a full plate.
>> no lack of work.
>> that's right.
>> ni you understand this opportunities still comes without compensation.
>> yes, sir
>> [laughter]
>> do you have any recommendations for us in regard to our procedures going forward to fill those two vacancies?
>> I have one suggestion that, whoever you appoint,ni that they have a committee orientation. Some of the issues we face in the district is just folks not having maybe that ... Having their ear to the ground with regard to community neighborhoods and so forth, maybe have a little more involvement in that area, some sort of background in that area. We certainly have the expertise in terms of budgeting and legal and the health care arena, but it would be nice to have that and some sort ofnr familiarity n Austin neighborhoods and working with them.
>> very good advice.
>> all those in favor. That that passes by unanimous vote.
>> thank you.
>> thank you.
>> thank you, very much.
>> we take them in reverse order.
>> moving up to b is dr. Eduardo sanchez's po sir, and as you know, he has resigned and that leaves about two years left on his term.nij0(: r29 remindingco the court that managers serve four-year terms in sort of a rotating cycle. So there are two years remaining on dr. Sanchez's term so appreciated on how you would like to proceed on that particular vacancy.
>> I think we ought to post it and interview and try to fill. It because on these significant appointments, not only for this board but others, if after yu) first term you indicate a willingness to continue serving and you've been an active participant, we've been fairly routine appointing you for at least a second term. So for this, two years will easily become six, assuming the appointee is stillni interestedn continuing to serve. Which is why I would post it and interview and maybe expressly indicate our interest in having somebody with a communityni orientation. Still we need somebody interested in health issues and public health specifically, I would guess. But I would think that in this community we would be able to find such a person. The other thing is, and we were chatting about this previously, I think dr. Sanchez has already moved out of county, so the provision that allows continuation ofc?r service untii replaced may well have gone away, right?
>> no. This is one where I think the memo reflects this ...
>> in that case, we argued about it and inr argued --kk6+
>> [laughter]
>> let me brag a littlenr bit, john. Let me let you finish.
>> because it does not specifically mention, evennr the statute or the constitution that this is one of thoseni requirements unlike the Commissioners on this Commissioner'snrta if you moved out of your precinct, you could no longer servk that is not the situation here so dr. Sanchez could continue to hold over that position until replaced.
>> my point was about to be that I think we should move expeditiously, we will probably do him a favor and ourselves by moving as quickly as possible. Last time we did post these and got quite ac"fewm/
>> [gdlm applica.
>> yes, sir.
>> we have added a new ethics questionnaire that a few people have kind of seen and shied away from, so that may well chill the interest of some would-be applicants, but we don't know that until we post it and get applications on it.
>> would we want to apply the same call for nomination process as our solo apoint as well as our jointnr appointment, at leat for garnering names?
>> I recommend that we do. But onco the other one, the only differenceni is I think we shoud notify the city we have a posting throughout and we're trying to get interested applicants for both. If you apply for one, I don't know why we x/22du let you show interest in serving for another half bite at thenr appl. The city may well want to go ahead and use the same or posting last time for mr. Richie? Did he apply with us or didn't he?
>> I believenr he did, that name was over at city council for conversation.
>> I think we ought to get with them and see if ... Tell them we plan to boast both of these and see how they would like to proceed and maybe remind them how we did last time and if they havenr a better way for the joit appointment, let us know. How does that sound in.
>> that is good. My main point was I think that I would expect probably a few more applications than we got last time, once we post these, we probably should revise that last posting to make sure that we sort of update it, but I would think that we can do that fairly easily, and in my view, we should go ahead and dji the posting as soon as possible. And did we get human resourcesnr to do this last time in.
>> no, sir. Actually, we directed applicants to apply to your office. We had the application available on-line so people could down load it if they so desired or they could pick it up at any of the exhibitioner's courtni offis or various county locations that you, you know, would like to have it available but it was available on-line for folks to get those packets in by a certain date, by a certain time to your office. I believe, a&n a there was; screening committee of the court so one or two members of the court along with staff who short-listed the group for potential interviews for the court memre)s, so just as a reminder, I don't know if that is the process you choose this time. I would just call to your attention, I'm sure you all are aware this is December 2 and so we are speeding into the holidays, and so I would just call to that your attention, just sort of as a context for what sort of period of time you would want to keep the nomination be period open.
>> I have had a hard time sleeping during the last two weeks, visualizing stuff being filed at my office
>> [laughter] I believe I was recalling this process last time.
>> well, unless legal is going to say there is a problem with it, it isni possible it could be filed at the health and human services office. I don't know that there is any reason why that couldn't occur.
>> that's fine. Into I have some questions about the call for a nomination, I think that is a good idea it go to hhs. I was wondering about the requirement of the completed and signed personal financial statement prior to apoint. Is that required?
>> it is not. It wasni something that the cout adopted as part of it's point process.
>> ini would think that might he a chilling affect on individuals applying. Not necessarily serving but it they had to divulge all of their financial ... If they had to file the personal financial statement prior to ... Just to be considered that would be subject to open records would it not?
>> it would. And I will tell you at least two applicants have been informally approached about this situation have declined because of that requirement. So they do fill out as part of this a conflict ofnr interest oa affidavit where they disclose any seats and the entities with whom the district typically does business with regard to healthnr care.
>> would there be any issue with replacing that signed personal financial statement simply with a form of their willingness to sign a personal financial same should they be appointed. Were not be a problem with that.
>> if I may, trish and I had this conversation, and of course, the language prior to apoint maybe is subject to an opinion by the attorneys. Prior to the appointment could certainly be after the interview process, but before the court has actually taken action. However, I'mnr not a lawyer, soi would yield to the lawyers to determine if ... What the intent of that language is.
>> I'm looking to make the the application as attractive as possible, while not sacrificing our willing to get their willingness to do a financial statement up front. We certainly don't want to find a good candidate who says I'm not signing that dang thing
>> [laughter]
>> on page four this is the nomination. It says the con flick of interestni affidavit should be completed and signed with the application and completed and sign adds personal financial statement with theco applicatio. So the second call for nominations that was used did require that it be submitted together with the application. So if, in fact, the tt preference is to have it submitted after interviews but before apoint or after appointment or however you would like to do that, I think that is your discretion into I think that might increase our pool.
>> but if you shy away because of the information you have to provide, do you think that when you provide it matters, or is it the fact that you have to provide it?
>> for the applicants that shied fact they had to provide it at all. Whether it was --
>> disclosure.
>> it was the disclosure.
>> so if the requirement of this information will forceni you tor self exclude, why wouldn't we want you to do that up front, I guess. See what I'm saying.
>> that is why I'm suggesting simply replacing it with a form saying they're willing to sign it should they be appointmented so we vet them. I was thinking thatco some --
>> provide a copy. As long as we give them anr copy and they say I'll sign that if you apoint me, yeah. On the eve of the appointment if you tell me this is what stands between us, I'll completeco it,i will feel better that way.
>> at least there is not a surprise that request will be coming, in case they really make thenr cut off.
>> this information required or is it ourni requirement?
>> it is your requirement.
>> what does the law require?
>> nixsr
>> but goods government requires this, apparently. &q(uqqycertain/dubzx appointed officials, yes. You have the discretion you have exercises to have your executive manager submit it as well.
>> yeah.
>> the same business, requirements or they're different than we are.
>> they're different.
>> they're different all together.
>> there is also some minor thing on page six, qualifications. The first bullet in the second sentence, because this isni a nw enterprise and it isco no longer ... So that's just a --
>> okay. Who was on the sub committee last time?
>> I don't recall, judge.co
>> I think I was on it, rightgi potential Commissioner sun lightener. I don't would not have to swear to that because it has beenni a while.
>> do we have two others that would like to do this? I don't have any problem with it but if thereni are two others, I would certainly defer. I don't want to have all thenr fun. And once this is out, I think we would want it at least posted three week, wouldn't you say?
>> at a minimum, would get you right in the middle of christmas.
>> yeah, and I would prepare to interview the first part of '09. So getting yourni application in and then a breather, and then next thing you've got a notice of the interview.
>> if I may make a suggestion, if you'reutsinking three weeks, then my suggestion would be that you go ahead and extend it out to December 31, that gives people a sort of a date that 4ubqln!zu-i sense, and weni cey will be open and around on the day before, on new year's eve, so that would give people that extra opportunity to get it into us.
>> what two members ofni the cot would like to make up the sub committee.
>> like a game of chicken
>> [laughter]
>> this is really to revise theseni documents, make sure the posting is done. If the applications go to health and human services,ni probablycn work with you andnr others thate cay decide later on to ... Based on the number, say short list down toni a manageable number ad then be for the court to look at those, maybe a short listnr fora number two interview.
>> yes. If you recall, even though"t committee shortni listed, if you will, all of the applications were provided to all court members, so, you know if for some reason there is someone who may not be in the top group for interviewing, court members would have an opportunity to discuss that based on ... So the committee's recommendation would be there, but you would also have every single person who applied tou(ee review.
>> all right, if there are no enthusiastic volunteers, I will be one of the two. Is there a second person? The county judge has a bignr enough ego already for me to serve as two court members is even beyond my imagination
>> [laughter]
>> well if I may, while theyrre& thinking, I just want to make sure we're clear we will ask that applications be submitted to the health and human services department, to my attention.
>> we will make that part of the motion if we ever get our second.
>> I was trying to give them some thinking time, judge
>> [laughter]
>> you can do it, judge. Well, should I pull an appropriate executive manager.
>> sure.
>> sherry is one of them. Maybe another one? You want me to do that? Sherry and another executive manager and the county judge will basically get the posting we'll have applications submitted to hhs, and the committee of those three will short list, provide applications to the court. Do you all want to see all the copies of all the applications.
>> how about a list and then ifr we find something interesting, may want to go look4an at the application. That is a lot of applications tp prepare.
>> if we get the number that I anticipate, I think.
>> it would be a less number.
>> yeah, could be. I guess our goal would be to short list first down to about 10 or is, -- 10nr or 12, then st list down from there.
>> that is workable.
>> and work with the city of Austin about this process, try to get them on board, and if there is a slightly different one for the joint appointment, bring that back to the court for consideration. Is that okay? All that is in a motion.
>> second.
>> discussion? All those in favor. That passes by unanimous vote. That does it on this item.
>> thank you.
>> and does that do it for the voting session?
>> it sure does.
>> all those in fur? That passes by unanimous vote.n3
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Last Modified:
Tuesday, December 2, 2008 3:10 PM