LCW Board Tramples Members' Rights

The LCW board, through its attorney, is systematically denying its members their right to meet, discuss and learn what the board is doing. Its actions are transforming the LCW from "Your Voice for Community Health" (the slogan on its membership form) into a secretive society where only the 10 members of the board (and their attorney) have any idea what is going on and even they are intimidated into silence.

Silencing Opposition During and After the June 16 Meeting

Following its June 16 meeting (where LCW members were denied the right to discussion--see earlier posts), the LCW board has escalated its attacks on the rights of LCW members to obtain information about what it is doing.

Silencing Board Opposition -- It's Not Over, Folks

This blog has documented attempts by the LCW board to silence LCW Board member Chris Holly for letting LCW members and the public know what's going on. Today's HT article (see link at left) notes that LCW President Susan Wier has cancelled a special board meeting to sanction Holly, but sanctions may still be possible at the board's regular meeting, on the last Tuesday of this month, and the board may simply not renew Holly's board appointment in December, at the annual meeting. At the very least, a strong message has been sent to the other board members that discussing LCW board business with members or the public will not be tolerated.

Denying Members Access to Board Meetings

LCW members who informed the LCW board that they plan to attend board meetings have received an email from LCW attorney Eric Slotegraaf saying that, according to Indiana code 23-17-27 (see link at left), members do not have the right to attend those meetings despite the fact that LCW bylaws state that members are entitled to attend "all meetings of the corporation".

Denying Access to the Board Meeting Minutes

If board members are discouraged from telling members what the board is doing by the threat of removal from the board, how are ordinary members going to get the information they need to discuss and vote? Attorney Slotegraaf told one member that their request to see board minutes was denied because their request did not comply with Indiana Code 23-17-27. To us, he said that minutes could be consulted but, alas, minutes available at Lilly Library only go up to the end of 2004. We are waiting to see if he will furnish me with the minutes from the period covering talks about the hospital merger.

In an interesting twist, the law Slotegraaf brought to our attention calls for the LCW to maintain "a record of actions taken by directors without a meeting" (Sec. 1.a.2). We know that many actions were taken by LCW officers, in concert with hospital officials, in preparation for the June 16 meeting. Members should request the record of these actions from the board (see contact information below).

Denying Access to the Membership List

Attorney Slotegraaf again cited IC 23-17-27 when denying one member's request for the LCW membership list in order to contact members about the petition to call a special meeting to discuss and vote on the legitimacy of the June 16 vote. That member has submitted a new request, complying with the provisions of the above-mentioned law, and we will see if this works.

Legal Intimidation and LCW's Limited Resources

Today's HT article quotes hospital counsel Jim Whitlatch as saying that, even if the petition for a new meeting is successful and, at that meeting, 50% of those attending say that the June 16 vote is null and void because of the conditions under which the earlier vote was taken, nothing can be done to change the agreement that LCW has signed with the hospital. On June 16, the article reports, he told Guy Loftman to sue when Loftman fought to uphold the bylaws.

The hospital, which justifies the Clarian merger by saying that it needs money, seems to be prepared to spend any amount of money on legal fees to make sure that our community is locked out of any meaningful discussion on the topic of how health care will be delivered. And what a sad day it is that the LCW board, which claims that it is too poor to have a website or distribute a newsletter to members, or have a phone number published in the phone directory, seems to be prepared to spend all of its limited resources on silencing its own board members, regular members, and the public.

Fight to Have a Voice

Join, submit a petition, and voice your concerns through emails or letters to the media, hospital officials, and LCW board members. As we have seen recently with public opposition to Wal-Mart, concerned citizens can have an impact on even the most arrogant corporations.

LCW Board Members:

Sandy Britton, Treasurer sbritton@indiana.edu

Caroline Clay bckz_clay@yahoo.com 339-9664
Flo Davis DavisfloF@aol.com 332-8788

Chris Holly cjholly@medicaidguide.com
Debbie Hrisomalos, Secretary dhrisomalos@aol.com 339-3826
Lance D Like ldlike@likelawgroup.com 323-8300
Nancy Lumbley nlumbley@insightbb.com 339-6467
Ellie Rogers, Vice President kenroger@indiana.edu 339-7741
Sue Wheeler wheeler.sue@comcast.net
Susan Wier, President swier@1stamericantrust.com 824-7760