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From: Jack Hickey <jackcapp_at_(domain_name_was_removed)>
Date: Fri, 10 Dec 2010 08:35:12 -0800

The current Board majority of the Sequoia Hospital District (established in 1946 pursuant to the Hospital District Law is acting under the assumption that by having submitted what was referred to as a "Name" change from a Hospital District to a Healthcare District, the District automatically accrued NEW powers under the Healthcare District Law. In fact, creation of a Healthcare District (a TYPE of District) requires a vote of the people. A name change, such as from Sequoia to Douglas Fir does not.

The press release for the bogus Sequoia Healthcare District states:

"The healthcare district's commitment, established as the Healthy Schools Initiative, will benefit more than 23,000 kindergarteners through 12th graders in the Redwood City, San Carlos and Belmont-Redwood Shores elementary and the Sequioa Union High School districts by funding school nurses, wellness coordinators, school psychologists, health educators, physical education teachers, educational programs and supplies."

These are things normally provided out of the school district budgets. None of the Enumerated Powers of the District authorizes a subsidy to school districts.

In my opinion, most if not all of the Districts current grant expenditures exceed their ENUMERATED POWERS posted below. If so, this would constitute a felony misappropriation of public funds.

ENUMERATED POWERS of the Sequoia Hospital District (a.k.a. Sequoia Healthcare District) were established pursuant to the Hospital District Law in effect at the time of a 1946 election.

In 1946 voters established the Sequoia Hospital District, generally comprising the area from the southern San Mateo County line to northern Belmont, to maintain a tax-supported hospital with the understanding there would be future bond issues to build and add to the hospital. In 1947 the San Mateo County Board of Supervisors assessed those district taxpayers a total amount of $46,578. The hospital opened in 1950. Today the assessment continues and in fiscal year 2009-2010 the District budgeted $7.4 million for tax revenues.

A 2001 Grand Jury report (see: http://www.sanmateocourt.org/court_divisions/grand_jury/2001reports.php?page=00sequoia.html) recommended:

"The Sequoia Healthcare District should reduce property taxes for district taxpayers unless in a future election district voters approve expenditures for purposes not approved by district voters in the 1946 measure establishing the district or in 1996 Measure H. This reduction would equal the amount expended by the district for purposes not approved by the voters in the 1946 measure or in 1996 Measure H and effectively limit district expenditures to those purposes approved by district voters. By this reduction in property tax receipts to be requested under the Revenue and Taxation Code ?96.8, property taxes would be lowered for all district taxpayers."

The District continues to collect and expend property tax dollars for purposes not approved by district voters in the 1946 measure establishing the district or in 1996 Measure H. They are exceeding the powers as posted below:

ENUMERATED POWERS of the Sequoia Hospital District (a.k.a. Sequoia Healthcare District) established pursuant to the 1946 election and the Hospital District Law in effect at that time:

"Article 2. Powers

32121. Each local hospital district shall have and exercise the following powers :

(a) To have and use a corporate seal and alter it at pleasure;

(b) To sue and be sued in all courts and places and in all actions and proceedings whatever;

(c) To purchase, receive, have, take, hold, lease, use and enjoy property of every kind and description within the limits of the district, and to control, dispose of, convey and encumber the same and create a leasehold interest in same for the benefit of the district;

(d) To exercise the right of eminent domain for the purpose of acquiring real or personal property of every kind necessary to the exercise of any of the powers of the district;

(e) To administer any trust declared or created for hos­pitals of the district, and received by gift, devise, or bequest and hold in trust or otherwise, property situated in this State or elsewhere, and where not otherwise provided, dispose of the same for the benefit of such hospitals.

(f) To prescribe the duties and powers of the manager, secretary and other officers and employees of any such hospitals; to determine the number of and appoint all such officers and employees, and to fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said boards.

(g) To do any and all things which an individual might do which is necessary for and to the advantage of a hospital and a nurses' training school.

(h) To establish, maintain and operate one or more hos­pitals, situated within the territorial limits of the district.

(i) To do any and all other acts and things necessary to carry out the provisions of this division."
Received on Fri Dec 10 2010 - 08:35:49 PST

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