Category Archives: Evidence Tampering

Sheriff Carlos G. Bolanos on Oversight System.

By Michael G. Stogner

CarlosG.Bolanos

Sheriff Carlos G. Bolanos

San Mateo County Sheriff Carlos G. Bolanos told the City of San Carlos Leaders “He could not recall an issue justifying spending money on an oversight system.”

Nobody is asking for a System. Carlos G. Bolanos has a history of misleading the public.

Here is just a short list of ISSUES that come to mind.

Sandra Harmon May 05, 2020 Killed by Sheriff Deputies, Deputy Dominguez firing 5 shots at Unarmed with Hands Up above her head. He Bolanos claims she fired her 2 shot shotgun at Dominguez while he was taking cover behind his patrol car which was parked sideways. Not a mark or scratch on the patrol car of the Deputy. He claims Deputy Dominguez did not turn on his Body Worn Camera and that is why there is NO EVIDENCE provided to prove Sandra Harmon fired ANY shots.

At the 8:02-8:08 mark you will see Sandra Harmon Unarmed with hands above her head and you will hear 5 shots being fired at her.

Sheriff Carlos G. Bolanos’s video

February 10, 2020 SAL Executive Director Barbara Bonilla was escorted out of her office and is being investigated for embezzlement. She was Sheriff Bolanos’s Campaign Manager in the 2018 election. She has resigned from the Sheriff’s office since Why? She she hasn’t been charged with any crime. She has been removed from State and National PAL Boards.

September 14, 2019 Redwood City Police arrested SMCSO Sergeant Luis Aquino for DUI and refusing to take both blood and breath test. Sheriff Bolanos and David Silberman refused to provide his Booking photo. San Carlos: An additional $50,000 was also approved for DUI services. 

October 3, 2018 Chinedu V. Okobi Homicide in Custody just like George Floyd, No 911 Call, just a Moorehouse Graduate and father walking on the sidewalk in the middle of the day, No crime committed before Deputy Wang got attracted to him a large Black Man he was dead minutes later.

December 31, 2018 San Mateo County Deputy Heather Diaz Coroner “I have determined the manner of Death to be Homicide.”

HOMICIDE PROTOCOL* 36 year old male involved in a physical altercation with San Mateo County Sheriff’s deputies. March 1, 2019 District Attorney Steve Wagstaffe confirmed it was a Homicide at the very end of his Press Conference where he announced no criminal charges would be filed. KQED, CBS5, and San Mateo County News.com all reported Homicide.

One ISSUE was the many False Statements provided to the Public by Sheriff Carlos G. Bolanos per his News Releases dated October 3, 2018 and March 1, 2019.

June 3, 2014 Yanira Serrano killed by Deputy within 20 seconds of getting out of his patrol car. It was a non emergency 911 call for medical assistance.

2014 Lets not forget what Carlos G. Bolanos and many others have done to destroy former Sherif Deputy Juan P. Lopez since he filed to run for Sheriff of San Mateo County. Smuggling a Cellphone and Drugs to a gang member in Jail. Sure he did, 100% False Charges.

2009/10 San Mateo County Sheriff Male staff 46 of them sharing Porn and Rape video on County Computers.

April 21, 2007 Operation Dollhouse, Las Vegas Nevada

Regarding Citizen Oversight and or an Audit of his work

Sheriff Bolanos said he was open to but felt removed accountability from leaders of organizations. I have no idea what that means

“I believe they’re dysfunctional primarily because you have people who are not experts in certain fields making determination on what is appropriate or not,”

“With me as an elected official the voters have the greatest civilian oversight and can replace me with someone else.”

How would the voters ever know what he is doing or how he is doing it without an Audit.

You can’t possibly manage what you don’t measure.

 

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SMC Sheriff Carlos G. Bolanos should RESIGN.

By Michael G. Stogner

As some of you know I personally requested Carlos G. Bolanos resign from San Mateo County Law Enforcement on May 14, 2007 Certified Mail.

CarlosG.Bolanos

Sheriff Carlos G. Bolanos

Sheriff Carlos G. Bolanos has a bad habit of lying to the public. He has been doing that for a long, long time. San Mateo County Supervisors Warren Slocum, Don Horsley, Dave Pine, Dave Canepa and Carole Groom, County Counsel John Beiers, David Silberman, County Manager Mike Callagy are all fully aware of this and are not only fine with this fact but endorse this behavior.

Recently Sheriff Bolanos after 45 days released a video presentation of the Execution of Unarmed Sandra Harmon on May 5, 2020 7:25 PM at 845 Main Street Half Moon Bay, California. Sheriff Bolanos was quick to inform the public that she fired her shotgun at Deputy Dominguez who was taking cover behind his SUV Patrol Vehicle which was parked sideways right in front of her about 20 feet away. He reports to his sergeant that she fired two rounds which just happens to be all the shotgun holds which means it is now empty. Threat is diminished substantially. Adding to that threat downgrading is the fact that she no longer is in possession of the shotgun. At the 8:00 mark of the video provided to the pubic by Sheriff Bolanos you can hear Deputy Dominguez yell Put you hands up and see Unarmed Sandra Harmon with hers hands up and above head you can also hear FIVE shots being fired at her by 8:06 mark. Why?

Sheriff Bolanos’s Video

Sheriff Bolanos is a master at misinformation, he and most of the media focus on Sandra Harmon Jay Walking & Reaching for an Empty Gun instead. If that sounds familiar it should Chinedu Okobi killed by 6 Sheriff Employees October 3, 2018. All violated their Oath refused to provide medical aide for more than 8 minutes and Lied about it.

San Mateo County Residents should ask Sheriff Bolanos What is your policy regarding a Deputy shooting at an Unarmed citizen? So far it is Kill Now Lie Later.

Sheriff Bolanos doesn’t mention it at all. He should RESIGN. Sheriff Bolanos tells us that Deputy Dominguez did not turn on his Body Camera for the conversation and shooting of Sandra Harmon. I might point out Deputy Dominguez has not said that. Deputy Dominguez went by himself to the motorhome with no body camera on is the story Carlos Bolanos is pushing. Why would a reasonable person believe that?

The good news is even if that were true, it really doesn’t matter because the In-Car Camera /Audio System will have recorded his conversation and we will be able to clearly hear the Shotgun Blasts. A reasonable person would expect to see damage to the patrol car with 2 rounds fired at a Deputy taking cover behind it less than 20 feet away.

What did Sergeant James E. Goulart recommend? What was the plan if he encountered the woman with a Shotgun, why was he alone?

That is exactly what happened when Yanira Serrano-Garcia was killed by Sheriff Deputy within 20 seconds of exiting his patrol vehicle. He was alone and No Plan. That 911 call was a Non Emergency Medial assistance call.

Chinedu Okobi’s Homicide by Six San Mateo County Sheriff Employees October 3, 2018 there was NO 911 call.  No Plan

San Mateo County Sheriff Policy

421.2 POLICY 

The use of Axon II Body Worn Cameras is intended to enhance the mission of the San Mateo County Sheriff’s Office by capturing contacts between members of the San Mateo County Sheriff’s Office and the public. The San Mateo County Sheriff’s Office issues Axon II Body Worn Cameras to members for use during the performance of their duties. Members who are assigned a Axon II Body Worn Camera shall wear the device when working uniformed assignments and will activate the Axon Body II Worn Camera as provided by this policy. 

The San Mateo County Sheriff’s Office equips marked patrol vehicles with an Axon in-car camera system. Members will use the Axon In-Car Camera System in conjunction with their Axon Body II Worn Cameras during the performance of their duties. Members who are assigned a marked Sheriff’s Office patrol vehicle will use Axon In-Car Camera System as provided by the In-Car Camera System policy. 

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Sandra Harmon R.I.P. shown with Hands above Head being fired upon by SMC Deputies.

By Michael G. Stogner

At least five shots fired at her while unarmed & hands up. 8:03-8:08 Mark

San Mateo County Sheriff Carlos G. Bolanos released a Public Relations Video 45 days after Sandra Harmon was killed by Deputies. The original claim made by Sheriff Balanos was She shot first, Newspapers reported a Shootout which requires bullets going both ways. It would be so simple to prove that release Deputy Dominguez’s Body worn video, his MAV audio from the Dashcam which was right there at the scene. It would have recorded the single or double shot allegedly fired from the shotgun that we see on the ground. That would also answer the question How & When did the Shotgun get on the ground. Did she start the shootout and then lay it down only to be shot at while her hands were in the air?

Sheriff Bolanos tells us that things moved so quickly that Deputy Dominguez was unable to activate his Body Worn Video. That’s unfortunate because that would have confirmed Bolanos’s Story.

Deputy Dominguez Body Worn Video was working just fine from the 3:30-6:29 mark. Sheriff Bolanos claims it wasn’t on less then a minute later. So to recap The Sheriff Office has had 45 days to edited and create a shot fired or shootout as they told the residents of San Mateo County.

Instead they provide a video showing NO Shots Fired by Sandra Harmon and show Deputies firing at an unarmed woman with her hands up.

So far this is OK with the 750,000 residents of San Mateo County

Sheriff Bolanos’s Video

What would you do if you were unarmed hands above your head and Deputies are firing at you from close range? I think a reasonable person would try to defend herself even if the shotgun was not loaded. What choice did she have? Follow more legal orders while they reload?

Sherif Carlos G. Bolanos release all video and audio like you should have 45 days ago.

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Chinedu Okobi’s Death was a Homicide. Same as George Floyd.

By Michael G. Stogner

Chinedu Valentine Okobi

March 1, 2019 San Mateo County District Attorney Steve Wagstaffe confirms Chinedu Okobi’s death was a Homicide. 47:30 mark.

A reasonable person would ask why the Six Sheriff Employees were not arrested and charged? In George Floyd’s Homicide all Officers were fired and criminally charged.

I’m not surprised the residents of San Mateo County don’t know this information, Reporter Anna Schuessler sat in front of me at the press conference and heard as we all did it was a Homicide. Her article the next left out the most important word in the story Homicide for some reason. Thats 84,000 readers that were not informed.

Deputies cleared: Taser death decision likely trailed by lawsuit, pledge to use medical equipment

By Anna Schuessler Daily Journal staff Mar 2, 2019 

The Residents of San Mateo County should get a second opinion from the A.G.

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Supervisor Don Horsley Embarrassed and Ashamed.Why?

By Michael G. Stogner

Supervisor Don Horsley

San Mateo County Board of Supervisor meeting June 2, 2020 at the 40:10 mark, Supervisor Horsley said “My reaction as somebody who was in Law Enforcement when I saw that Murder of George Floyd I was embarrassed & ashamed.” He went on to say. “I’m not going to bash Law Enforcement.”

BOS meeting June 2, 2020

I have personally asked former School Teacher and Sheriff now Supervisor Don Horsley if he has watched the video of Chinedu V. Okobi’s Homicide by Six San Mateo County Sheriff Employees on October 3, 2018. He has refused to answer my question.

Video created by SMC Government made public 5 months after Homicide

You will notice the Government does not mention the word Homicide. They have known it was a Homicide since Deputy Coroner Heather Diaz determined the Manner of Death to be Homicide on December 31, 2018

“HOMICIDE PROTOCOL” 36-year old male involved in a physical altercation with San Mateo County Deputies.

Supervisor Don Horsley has a long history of saying words that are not consistent with the truth/reality. That includes under oath, August 2, 2004 a Federal Hearing held in San Mateo, California.

The residents of San Mateo County should have the Attorney General of California give a second opinion on the Six Sheriff Employees, Homicide of Chinedu Okobi.

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“We Stand with the Black Community,” Zuckerberg

By Michael G. Stogner

Facebook CEO Mark Zuckerberg was quoted in todays LATIMES.

I have to admit, I have No Idea what that means. F.B. Headquaters is located in Menlo Park, which is in San Mateo County, California.

October 3, 2018 Chinedu V. Okobi a 36 year old black man was killed by Six San Mateo County Sheriff Employees while in Custody. December 31, 2018 The Coroners Office ruled the manner of Death to be a Homicide.

“I have determined the manner of Death to be Homicide.”

Deputy Coroner Heather Diaz #21 reviewed and approved 12/31/2018

HOMICIDE PROTOCOL* 36 year old male involved in a physical altercation with San Mateo County Sheriff’s deputies

March 1, 2019 two months later District Attorney Steve Wagstaffe held a closed to the public Press Conference which I attended. He gave a 26 minute presentation on why he was not charging any of the Five not Six Sheriff Employees in the tragic death of Chinedu Okobi. Who had committed no crime before the deputy decided to engage him. He was tased 7 times, struck with baton, Sprayed in face with O.C. spray and dog piled by SIX Sheriff Employees. After he stopped breathing he was sat up on El Camino Real and ignored for about 9 minutes to make sure he was dead before AMR and Fire Paramedics could get to him.

District Attorney Steve Wagstaffe Never mentions the word Homicide in his presentation it’s only at the very end (47:30) of the Question and Answer period when he was asked by KQED Reporter Julie Small “Do you know the Manner of Death?”

A reasonable person would ask since it was determined a Homicide, How is it that no criminal charges were filed against the Six County Employees?

Last week the world saw George Floyd being Murdered by four Police Officers, The United States is Protesting today during a Pandemic because a Citizen was brave enough to try and stop it but also videoed it. The body camera and audio has not been released yet Why?

Yesterday Mark Zuckerberg said “We stand with the Black Community.”

I do not recall Mark Zuckerberg saying One Word about Chinedu Okobi’s Homicide in his own backyard.

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True in SMC Homicide of Chinedu Okobi 10/03/2018

By Michael G. Stogner

This photo was taken at a protest for George Floyd’s Murder. When I saw the Kill Now Lie Later I couldn’t help but think about Chinedu Okobi being killed by six San Mateo County Sheriff Employees and ALL the Lies that followed. The Lie Later could be minutes or hours as evidenced by SMC Sheriff Carlos G. Bolanos two News Releases.

Omitting the 6th Sheriff Employee CSO Gonzales
Sherif Carlos G.Bolanos created this lie

Chinedu Okobi was not running in and out of traffic, and did not immediately assault the deputy. Sheriff Bolanos left both of these false statements on the County’s website for 5 months.

The Lie could be 19 days later as example Sgt. Irfan Zaidi “I directed Deputy Lorenzatti to remove the metal handcuffs from the subject, which she did, and the subject was placed on his back.

This is a 100% fabrication by a SMC Sergeant 19 days after the Homicide. Zaidi was NOT involved in the Homicide but filed a false report.

March 1, 2019 60 days after Deputy Coroner Heather Diaz determined the manner of death to be a Homicide, District Attorney Steve Wagstaffe and his top management team held this closed to the public Press Conference which I attended.

The Lie later could also be 5 months later and 2 months after it was determined to be a Homicide.

SMC COUNTY D.A. Provides public his highly edited video and reports.

They don’t mention the Homicide. Why?

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Supervisor Don Horsley is Dishonest. It’s that simple.

By Michael G. Stogner

Supervisor Don Horsley

Think about this when you read the Nice description below about children and San Mateo County Sheriff Deputies, This goes back to when Supervisor Don Horsley was Sheriff of San Mateo County and had a Deputy Mary Koziol R.I.P. who worked as Resource Officer at Garfield Elementary School K-8 in Menlo Park. Her partner reported her sleeping with a female student at that school to SMCSO Sgt. Al Cantera who reported it to Victoria O’Brian who reported it to Sheriff Don Horsley, The results he had a talk with her, she didn’t stop he promoted her to Sgt.

Ask Supervisor Don Horsley what actions he took as Sheriff when he learned she was having sex with one of the female students? Remember K-8

SAL was founded in 1997 by former Sheriff Don Horsley with the purpose of strengthening relationships between youth, deputies, and communities to aid in the intervention and prevention of juvenile delinquency in San Mateo County through positive, dynamic programs. The program was in North Fair Oaks and had a small presence on the coast, serving approximately 1,000 youth per year. In 2009, former Sheriff Greg Munks expanded the SAL program to 12 locations throughout the county, increased deputy support and established a community policing substation that was a permanent home for SAL programs. The program grew to serve approximately 3,500 youth per year.

Today, under the leadership of Sheriff Carlos Bolanos, the SAL program continues to thrive and is serving over 11,000 youth per year in programs, presentations and special events throughout San Mateo County. In light of events in 2015, President Obama called for law enforcements agencies to engage in community policing to build relationships with their communities. The San Mateo County Sheriff’s Office, thanks to our leadership, has been engaged in community policing practices for over 20 years and continues to be a progression organization that adapts to the needs of our communities.

Now S.A.L. is in the News again this time for Embezzlement of $500K-$800K. Sheriff Carlos G. Bolanos says he expects the Attorney General of California to finish it’s Investigation within 3 weeks. When did the A.G. Office open it’s investigation?

The former Executive Director Barbara Bonilla was Escorted out of her office February 10, 2020 and placed on Administrative Leave. I wrote an article about it on February 28, 2020. She also was a top official with California PAL and National PAL.

Michael Stogner <michaelgstogner@yahoo.com>To: Don Horsley Cc: Chris Hunter Thu, May 28 at 6:16 PM

Hello Don,
I’m doing an update of my S.A.L Executive Director Barbara Bonilla being on Administrative Leave Story, that I wrote Feb 28, 2020. I was the only SMC Media to report it, Now I am updating it to include Embezzlement Allegations and others involved. I know you have known about this for almost 5 months.
Would you like to make any comment at this time, When did you first became aware of it, did you report it to the A.G.? 
Are you aware of the Sheriff’s Office doing an internal Investigation? Do you think that is appropriate considering who is involved?
Can you tell me what date Barbara Bonilla resigned? Her name is still on the website.


Thank You
Michael G. Stogner

San Mateo County News.com

Don Horsley chose not to answer any of my questions, He did make comments to HMBR reporter Libby Leyden, Horsley said “he was only aware that Bonilla was on administrative leave.”

I had to laugh when I read that because I would not have been able to write my article February 28, 2020 if it had not been for Supervisor Don Horsley talking about Embezzlement by Barbara Bonilla, and another individual that Don named which I will not name at this time.

The real story here is the hiding from the 750,000 SMC residents for 5 months an Embezzlement case. One of the main reasons to hide it is to make sure the guilty people are never charged. The coverup how many great corporations are involved with Sheriff Activities League. The money is stolen from the kids, how many prominent leaders in SMC knew for 5 months about the embezzlement and kept their mouths shout.

That is a Great Lesson to teach our children of San Mateo County.

October 18, 2019 Article about Chinedu Okobi Homicide by six San Mateo County Sheriff Employees. In response to questions about Sheriff Carlos G. Bolanos issuing 3 News Releases 2 on October 3, 2018 and 1 on March 1, 2019 all containing False statements.

Supervisor Don Horsley said that he thinks that the sheriff’s office has been transparent through the investigation and was unconcerned that it took five months for the inaccurate information to be corrected.

“I think it was good of them to correct the statement,” he said.

The reality is Don Horsley was ok with the lies for 5 months and then He lied about them being corrected. Sheriff Carlos G. Bolanos NEVER corrected the False statements he just Deleted it.

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Sheriff Carlos G. Bolanos identifies Deputies in Death of Sandra Lee Harmon.

By Michael G. Stogner

Update: Sheriff Video shows Unarmed Sandra Harmon w/Hands above head being shot at. 8:02 mark

San Mateo County Sheriff Deputy John Baba and Deputy David Dominguez are finally identified by the Sheriff Office. Why the delay?

They were dispatched because of a call reporting “Woman with a gun.” walking on Main Street, Half Moon Bay. What was the PLAN? What time was the PERT TEAM dispatched? What time did they arrive? Mental Health Issues, What did the Sergeant on duty recommend as the game plan on how to get this gun away from this woman? Which Deputy arrived first and according to Sheriff Bolanos he was SHOT at. How did the old Shotgun get on the ground? Did Sandra Lee Harmon comply with the orders being shouted at her? Many people with Mental Health Issues DO NOT COMPLY with Law Enforcement Orders. The Sheriff Office Knows that, Everybody Knows that. What was the Plan?

Just the week before Michigan State Capitol had a lot of people walking around with Long Guns. Nobody killed them.

Sheriff Summary: On May 5, 2020, at approximately 7:25 pm, deputies were dispatched to the area of Main Street and Monte Vista Lane in Half Moon Bay on the report of a woman with a gun. The woman, later identified as Sandra Harmon, was described by the caller as white, slender with a striped shirt and skirt, carrying a rifle and alcohol.

Responding deputies located Harmon to the rear of 845 Main Street. Harmon fired at the first deputy on the scene. The second deputy arrived as shots were being fired. Both deputies ordered Harmon to get onto the ground, but she failed to comply. When she reached for the firearm, which was on the ground at that point, the deputies fired at Harmon, striking her.

Now Release the Unedited Video and Audio recordings from the Mobile Audio Video MAV and the Remote Microphones that are manufactured by the Axon Enterprise Inc.

That will show that the Statement by San Mateo County Sheriff Office is the truth. Harmon fired at the first deputy on the scene. Of course if that is true then that outcome is to be expected. Has SMC Sheriff Carlos G. Bolanos ever issued a False News Release, You bet he has Several as a matter of fact. October 3, 2018 Chinedu Okobi Homicide by Six Sheriff Employees. Sheriff Bolanos Identified five of the six Sheriff Employees that day October 3, 2018. What was different here?

Some Media in San Mateo County wrote “Shootout” and “Shotgun Wielding” The Videos will show what actually happened. Update:

The video shows NO SHOOTOUT.

Sheriff Office News Release

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Governor Newsom: Don’t do it.

By. Michael G. Stogner

Governor Gavin Newsom, Now is not the time to grant this immunity to Businesses. What is more important is track down all the people who came into contact with the Prominent Doctor who flew from New York to California with his daughter to be admitted into Silverado Beverley Place where he made contact March 19, 2020 with Brittany Bruner-Ringo R.I.P. The 32-year-old nurse stopped breathing April 20, 2020 32 days later.

Stay the course Protect the Residents of California.

April 9, 2020

Governor Gavin Newsom State of California
State Capitol Sacramento, CA 95814

RE: Request for Executive Order Related to Liability Protection

Dear Governor Newsom:

California’s heath care workers and those serving in supporting roles are on the front lines of a crisis unlike any our state has ever faced. Every day, they are racing against time to prepare to treat and care for all in need. Sadly, in the coming days and weeks, they will face wrenching, life-threatening decisions in managing scarce resources amid arduous conditions.

The COVID-19 pandemic is projected to affect so many people that health care providers will be forced to allocate scarce medical resources among too many patients who need them.

Given this stark reality, we must have one goal: to save as many lives as possible. With that goal, we request the Governor issue an Executive Order including the following language, which will provide a level of liability protection adequate for care providers to save Californians’ lives:

During the current COVID-19 state of emergency, health care facilities, residential care facilities, senior living providers, health care service plans, physicians and other health care professionals, and all employees thereof, are hereby requested to render services to Californians. In recognition of these extraordinary and unprecedented circumstances, such facilities, plans, physicians, professionals, and employees shall be immune from any administrative sanction or criminal or civil liability or claim for any injury, death, or loss alleged to have resulted from any act, omission, or decision made related to providing or arranging services, including but not limited to acts, omissions, or decisions undertaken because of a lack of resources, absent proof by no less than clear and convincing evidence of willful misconduct as measured by a standard of care that incorporates all of the circumstances of the emergency. All state statutes and regulations are hereby waived to the extent necessary to achieve this immunity. The unenforceability or invalidity of any part of this paragraph shall not have an impact on the enforceability or validity of any other part of this paragraph.

Governor Gavin Newsom
April 9, 2020 Page | 2

Effectively minimizing death and serious illness among the population as a whole entails distributing finite resources to those who have the greatest opportunity to benefit, thereby maximizing appropriate care for the greatest number of patients likely to benefit from these resources.

While the state is creating a framework to guide these difficult decisions, providers need assurance they will not later be judged or sued when abiding by this framework, or when making related care decisions based on their best judgment and determination at the time. In this time of crisis, care providers must be able to observe, evaluate, and respond to rapidly-changing conditions and events; the prospect of being subjected to future lawsuits would burden and slow these decisions, threatening greater loss of life throughout California. Basic ethical principles governing crisis triage decisions include accountability—not only for health care providers called upon to make such decisions, but also for the government in supporting the processes to make these decisions and protecting the providers who make them.

When providers approach their work in the coming weeks and months, we must give them the support they need to make the best possible decisions, including protections from future legal action, as long as that liability protection does not excuse willful misconduct. To help understand the magnitude of the situation, here are several examples of the kinds of situations our health care system will face:

  1. Thirty patients require ventilators, but a hospital has only 25 ventilators.
  2. A hospital has too few pulmonologists, so obstetricians agree to care for respiratory patients.
  3. A hospital postpones a patient’s elective surgery to accommodate a surge of COVID-19 patients,thus delaying care to the surgery patient.
  4. A patient no longer needs acute care, and is moved to a skilled nursing facility, although thepatient preferred to stay at the acute care facility and did not provide consent to be transferred.
  5. An assisted living facility resident contracts COVID-19 from an employee, even though thefacility used proper screening techniques when employees arrived at work.
  6. An assisted living facility suspends group dining and activities as well as restricting visitors, dueto social distancing requirements, and is sued for causing depression by isolating residents intheir rooms.
  7. A skilled nursing facility is sued for allegedly deficient care rendered by staff who had notreceived full training s a result of staffing shortages.
  8. A facility cannot access N-95 masks, and health care providers are asked to deliver care usingsurgical masks.
  9. A skilled nursing facility admits an asymptomatic patient in accordance with CaliforniaDepartment of Public Health and Centers for Disease Control and Prevention guidelines. The patient later is determined to be COVID-19-positive, and the facility must manage a potential outbreak without full staff and without sufficient personal protective equipment.

In addition to the executive order language requested above, when considering the issue of liability protection, provisions of Government Code Section 8659 should be explicitly invoked; however these provisions are too limited for the unprecedented pandemic we are facing, which is why even broader liability protections is needed. Government Code Section 8659 does not help skilled nursing or assisted living facilities or health plans, and omits many types of health care workers (such as physician assistants, mental health providers, custodial staff, and managers). In addition, this statute does not provide protection for a willful act or willful omission, such as considered decisions to ration ventilators,

Governor Gavin Newsom
April 9, 2020 Page | 3

stop elective procedures, transfer a patient to an alternate care center, or assign an obstetrician to care for a pulmonary patient which has been the advice of the state or the standard or care in a crisis.

As our care providers make these difficult decisions, they need to know they will not be prosecuted or persecuted. This request is made with the deep understanding that every care provider is doing all they can to protect all Californians during this unprecedented crisis.

Respectfully,

Carmela Coyle, President and CEO California Hospital Association

Craig Cornett, CEO/President
California Association of Health Facilities

Sally Michael, President & CEO California Assisted Living Association

Janus Norman, SVP, Government Relations California Medical Association

Charles Bacchi, President & CEO California Association of Health Plans

Jeannee Parker Martin, President & CEO LeadingAge Californa

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