Category Archives: Whistleblowers

Evidence vs. Words/Captions.

By Michael G. Stogner

September 15, 2020 Half Moon Bay City Council voted 5-0 in favor of contacting the Attorney General of the State of California to request an Independent Criminal Investigation in the Sandra L. Harmon In-Custody Death by San Mateo County Sheriff Deputies.

District Attorney Steve Wagstaffe attended the Zoom meeting and explained his findings that the Deputies behavior was lawful.

Just because somebody says something is true doesn’t mean that it is.

The public and especially elected officials want to believe Sheriff Carlos G. Bolanos his Public Information Officer Rosemerry Blankeswade, District Attorney Steve Wagstaffe, and several Attorneys at the SMC County Counsel Office. The idea that they would deliberately mislead the public is just to much for the average citizen/resident to deal with.

I would offer the x San Mateo County Sheriff Deputy Juan P. Lopez criminal case (6 years this November) as a perfect example of what they are capable of doing.

Last night during the public comment time members of the public were able to communicate what they have discovered with their very limited resources. Here are just a few of the take aways.

There is no Evidence of a Shootout.

There is no Evidence the District Attorneys Office has that Sandra L. Harmon fired the Shotgun at all.

Not one Shotgun Pellet was recovered from the Crime Scene the night of May 5, 2020. Thats with over 30 people at the crime scene that night. No damage to the Patrol Vehicle just feet away, or damage anywhere for that matter.

There is no Evidence (yet) that Sheriff Deputy Dominguez turned off his AXON Body Worn Camera. Simply words and captions that he did. The AXON Log File which to this day has not been made available to the public.

Congratulations to the entire Half Moon Bay City Council for last nights vote. This is a Great first step in Oversight of Law Enforcement in San Mateo County. I was Grateful to hear Yanira Serrano-Garcia’s name mentioned last night her case and Sandra Harmon case have many similarities of misleading and false statements by Law Enforcement.

I would recommend the City Council of Millbrae do the same for the Chinedu V. Okobi Homicide by Six San Mateo County Sheriff Employees October 3, 2018. It’s not to late. Look at what they didn’t do for 9 minutes after they sat him up on El Camino Real.

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Filed under #2americas, #citizenoversight, #corruptionmatters, #prosecutorialmisconductmatters, #SanMateoCountyNews, #SMCJUSTICE, AMR, AXON, Body Camera Video, Chinedu Okobi R.I.P. Homicide, Citizen Journalist, David Silberman, Deborah Penrose, Deborah Ruddock, Errol Chang R.I.P., Excessive & Unnecessary Use of Force, Government Hiding the Obvious, Jamie Draper, Jeff Regan, John Ullom, Jordan Boyd, Joseph Charles, Juan P. Lopez, Law Enforcement Reform, Michael G. Stogner, Mike Callagy, Millbrae City Manager Tom Williams, Outrageous Government Conduct, Public Corruption, Public Trust, San Mateo County Counsel John Beiers, San Mateo County District Attorney Office, San Mateo County News, San Mateo County Sheriff Deputy Deputy David Dominguez, San Mateo County Sheriff Deputy John Baba, San Mateo County Sheriff Office, Selective Prosecution, Sheriff Captain Saul Lopez, Sheriff Carlos G. Bolanos, SMCSO PIO Rosemerry Blankswade, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Whistleblowers, Yanira Serrano Garcia R.I.P.

Susan Bassi

By Michael G. Stogner
For a small percentage of America Susan Bassi’s report will sound familiar, Either because you personally have experienced a similar path or you know of someone who has. Most likely you have stopped communicating with them because the subject matter is to disturbing/overwhelming or you think they must have deserved it.
Susan Bassi is a true American Hero. She has been working to Help Others. Here is her FB post from this morning.
152,000 views and nearly 2K comments. We are getting better at reporting what mainstream media will not.
I posted this video on Sunday. You can see what happened in five days: https://www.youtube.com/watch?v=aPPX_rL3ujU&t=15s
For those of you who do not know, I have been part of a team trying to get mainstream media to report on our family courts for the past five years. I estimate I have spent over 4000 hours meeting with reporters, editors and publishers from the following news organizations:
San Jose Inside
NBC Bay Area
ABC10
CBS
KTVU Fox 2
Washingtonpost
NewYork/Times
100Reporters
TMZ
Los Angeles Times
SeattleTimes.com
The Mercury News
San Francisco Chronicle
The Sacramento Bee
Boston Globe Subscribers
@CenterforInvestigativeReporting
KQED
and any reporter, editor or publisher who would ever give me 5 mins. I tried to explain how your children were being stolen. how your homes were being seized and your lives destroyed and yet it seems nobody was interested in paying for the ink.

Then I was arrested and have been prosecuted for 3 years and I met some folks watching cops on

YouTube ☑️

and they listened and tried to make me better at pitching your stories. They also probably paid a price for trying to help after snitches and informants including Scott Largent tried to take them down, but they were resilient and persistent and the most noble photojournalists I have ever met.

San Joaquin Valley

It took me 200 hearings in family court. 29 hearings in criminal court and who would have ever known a divorce and prosecution for a local rule made by a bunch of dirty lawyers would have taught me more than that

UCDavis degree or that UC Berkeley law degree I gave up on to follow my husband into farming businesses.
But as they like to say on my channel, I guess I got woke and educated all at once. And this time I was smart enough to get it on video. So for those of you who dealt with these lawyers, bailiffs, custody evaluators, CPAs, bailiffs , and private judges, I heard you. I am no longer waiting for someone else. We are going to get these stories.
So for any cop, judge, lawyer or dirty DA who thinks you got away, think again. I have a camera and I am not afraid to use it.
Thank you all who shared, subbed and commented. We now have more views on this video than San Jose Inside. San Jose Mercury and NBC news have combined!
Cop Who Pulls Over A Judge in a Traffic Stop

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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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Mark Simon Joins the Victim Shaming/Bashing TEAM.

By Michael G. Stogner

May 14, 2020 Mark Simon wrote an article titled “An unusual Harbor District Meeting” the typical Victim Shaming piece which is something he is quite skilled at. This article is about a SMCHD meeting that took place 29 days prior to his article. He has joined Congresswoman Jackie Speiers Daughter Stephanie Sierra of ABC 7/KGO in the Victim Shaming plan of attack. Also on the TEAM is Supervisor Don Horsley, Assemblyman Kevin Mullin (Mark Simon’s partner) I can’t wait to discover who is the Captain of this TEAM and who is responsible for forming it.

I would suggest Mark Simon consider the May 26, 2015 as an unusual meeting it was very exciting and I know he attended I just don’t know why?At the time he worked for SamTrans.

First of all this April 15, 2020 meeting was not unusual for the Harbor District, I’m not sure how many meetings Mr. Simon has actually attended I have attended several and the yelling and cutting each other off especially Virginia Chang Kiraly to Sabrina Brenna is normal Virginia doesn’t like Sabrina similar to how Mark Simon feels about her.

Mark Simon who supports the Perpetrator says Her vehicle for this behavior was a long-standing dispute with fellow Commissioner Tom Mattusch, who in 2014 foolishly circulated some raw pornography to about 40 people. Mark doesn’t mention the Invitation for all expense paid Safari trip Tom Mattusch offered Sabrina.

So it’s Not ok with Mark Simon for Victim Sabrina Brennan to speak about female genitalia but is ok to mail unwelcome porn, which is exactly what Commissioner Tom Mattusch sent her and all the other Commissioners, Supervisor Don Horsley, Assemblyman Mullin, Mark Simon, and Stephanie Sierra ABC 7/KGO are cool with that. Together they want/wish Sabrina Brennan to just SHUT UP, Move On. That is the same that all Child Molesters (SMC Dr. William Ayers) and their Enablers want/wish of their Victims.

John Ullom at 29:20 Mark He and brother Dan own Citizen Access TV, somebody stole his broadcasting device, They were broadcasting the meeting live for FREE. Somebody didn’t want that to happen.

SMCHD Meeting May 26, 2015

SamTrans 2013 Protest of Bulling and Corruption at San Carlos Headquarter

The true picture of Mark Simon, a Loud & Vile Bully, Victim Shaming/Basher.

As a Private Victims Advocate for the last 22 years in San Mateo County I find the way to get a victim to stop talking about a subject is to deal with it Honestly in the first place. Victim Shaming, and telling the Victim to Shut up is a guarantee that you will hear about it at Every Single Meeting.

“I will continue bringing up my harassment at these meetings,” she said. “I won’t be silenced.” Sabrina Brennan.

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Supervisor Don Horsley wants to discuss more.WHY?

By Michael G. Stogner

Supervisor Don Horsley has already discussed and shared his thoughts, his personal opinions with Congresswoman Jackie Speiers daughter Stephanie Sierra. She is a reporter for ABC 7 KGO May 8, 2020. She somehow got interested in a meeting that took place 3 weeks earlier. Why? She also Interviewed Kevin Mullin. Why?

Don Horsley has placed this Vague subject on Tuesday’s agenda, I’ve asked him to explain what his wishes to accomplish, He has not responded.

BOARD OF SUPERVISORS  MAY 19, 2020 

AGENDA ITEM 5

Discuss and/or Act on concerns regarding Harbor Board of Commissioners and request for updated Municipal Service Review on San Mateo County Harbor District by San Mateo Local Agency Formation Commission (LAFCo).

Sponsors: Don Horsley

Don Horsley wants to Discuss his concerns regarding Harbor Board of Commissioners. Which ones?

A Republican up until Nov 15, 2019, Virginia Chang Kiraly changed her voter registration from Republican to Democrat in preparation for upcoming campaign/s. That is the exact same thing Jerry Hill did. Virginia Kiraly who recently Victim Shamed S.B. “Stop Lying Sabrina” She couldn’t possibly be talking about the Pornographic Photos sent to Sabrina.

Democrat Sabrina Brennan a victim of Sexual Harassment by another Harbor Commissioner. The Harbor District dealt with that, like San Mateo County does with all of their Pornographic Passing and Child Molesting friends. They hire an Attorney (First Red Flag) to do an Independent Investigation which translates to results favoring those who paid for it.

Supervisor Don Horsley, a former school teacher and Sheriff of SMC wants Commissioner Sabrina Brennan to stop mentioning Pornographic Photos and Sexual Harrassment at the Harbor District Meetings. WHY? 

The answer is simple Supervisor Don Horsley Supports it. He wants VICTIMS to Shut UP.

Supervisor Horsley has been interfering with the Harbor Districts business for years. May 26, 2015 Meeting is a perfect example.

Let the Commissioners solve this, Sabrina Brennan the victim has every right to mention this at every single meeting if she wants to. Perhaps at the Public Comment section just like the BOS meetings where serious subjects are made public and the Supervisors simply ignore them.

As a Private Victims Advocate for the last 22 years in San Mateo County I find the way to get a victim to stop talking about a subject is to deal with it Honestly in the first place. Victim Shaming, and telling the Victim to Shut up is a guarantee that you will hear about it at Every Single Meeting.

“I will continue bringing up my harassment at these meetings,” she said. “I won’t be silenced.” Sabrina Brennan.

If you would like to make a Public Comment to the Supervisors on this item you can send it by e-mail. It will be read into the record.

Email spurewal@smcgov.org

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Her name was Sandra Lee Harmon. It could have been Errol, Yanira, Chinedu and many others.

By Michael G. Stogner

Sandra Lee Harmon



San Mateo County Supervisors do your job, Supervise.
Release the Videos Today.

It’s been 5 days since Sandra Lee Harmon was killed. The names of the Deputies involved have not been released, the Videos, Audios, 911 call transcripts, name of Hospital, who provided life saving measures and for how long. What type of Shot gun, single barrel? Double barrel? How did it get on the ground? Did she comply with the orders to Put the gun down? Did she fire first? the video and audio would solve that question?

There is a slight possibility that the Sheriff’s Office story is true but the past behavior in Homicide by Law Enforcement (Okobi) is the example the residents of San Mateo County should Not believe anything Sheriff Carlos G. Bolanos says or provides in a News Release.

The only fact that we know is that she was killed by San Mateo County Sheriff Deputies in the back parking lot of 845 Main Street, Half Moon Bay, California early evening on May 5, 2020.

San Mateo County Sheriff Office issued a tweet “Upon arrival, Deputies gave her multiple verbal commands to drop her weapon. She did not comply and fired her shotgun at Deputies. Deputies returned fire, striking the woman.  Following lifesaving efforts on-scene, she was transported to the hospital and succumbed to her injuries.”

If that sounds familiar it should, Sheriff Carlos G. Bolanos Press Releases. Always make the deceased look guilty.

October 3, 2018 the Sheriff Office News Release issued just hours after the Chinedu Okobi Homicide by SIX San Mateo County Sheriff Employees.

“The deputy exited his vehicle to contact the suspect and the suspect immediately assaulted the deputy.” ” The suspect was also transported to the hospital where it was later learned that he died. Both of these are completely False statements remained on SMC website for 5 months.

October 3, 2018 Sheriff’s Office issued a second News Release where they Omitted the sixth SMC Employee CSO Joseph Gonzales.

Sheriff’s deputy Mehn Trieu arrived at the scene alone and fired a single shot within 20 seconds of exiting his vehicle. After he met with his attorneys he made this statement. Seeing “Yanira SerranoGarcia put the fear of God in him.

Errol Chang was killed by Daly City Swat Team called by Pacifica Police. They got tried of waiting, ordered into the tiny house.

San Mateo County residents you have 5 elected people who are responsible for this result reoccurring. They are the Supervisors.

Her family is requesting financial help at this time Bringing Sandie Home.

Go Fundme page

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Filed under #2americas, #Blacklivesmatter, #citizenoversight, #SanMateoCountyNews, Attorney Generals Office, AXON, Board of Supervisors, Chinedu Okobi R.I.P. Homicide, Citizen Journalist, Citizens Oversight Committee, CSO Joseph Gonzales, Dave Canepa, Dave Pine, David Burruto, Don Horsley, Errol Chang R.I.P., Government Hiding the Obvious, Jeff Regan, Michael G. Stogner, Michelle Durand, Mike Callagy, San Mateo County News, San Mateo County Sheriff Office, San Mateo County Supervisors, Sandra Lee Harmon R.I.P., Sheriff's Public Information Officer, SMCSO PIO Rosemerry Blankswade, Those Who Matter, Victim's Advocate, Whistleblowers, Yanira Serrano Garcia R.I.P.

San Mateo County Citizen Oversight FC- Watchdog has more work to do.

By Michael G. Stogner

This is the group of ordinary citizens that successfully recalled a San Mateo County Elected Official named Herb Perez a Foster City Councilman. One of the items that came up during the Recall Campaign was an Unpaid Sponsorship Fees bill for $17,090.00. So now you have the Government of Foster City giving the RECALLED Politician a Gift of $10,000 and there is no evidence that he has paid or started to pay the previous debt.

Everybody in the Government knows why Herb Perez was RECALLED, the Question is Who approved Gold Medal to receive a $10,000 check in light of the above?

FC-Watchdog submitted a Public Records Act request to the city to inquire about which small businesses received $10,000 from the Business Resiliency fund assistance from Foster City? We received a list today today showing that Gold Medal Martial Arts is a recipient of this fund. We are troubled by this for the following reasons:

Did Gold Medal pay the $17,000 city invoice sent in January for unpaid city event sponsorships?

If not, should Gold Medal be receiving this assistance with an overdue, unpaid balance?

Who approved Gold Medal to receive a $10,000 check in light of the above?

Why is Gold Medal being given special treatment to this day, assuming the $17,000 remains unpaid?

FC-Watchdog is scheduled to meet with the interim city manager next week and we hope to get answers to the above at that time. If you share our concerns, please email council@fostercity.org. The city manager will also receive your email.

Jeff Regan

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Andrew Boone calls SMC Counsel John Beiers a Liar.

By Michael G. Stogner

May 5, 2020, The San Mateo County Board of Supervisors Meeting.

Andrew Boone
San Mateo County Counsel John Beiers

Andrew Boone had made a public comment supporting higher wages in San Mateo County specifically the unincorporated area. During Public Comment there is No Response, it’s simply 2 minutes of saying whatever you feel is important. San Mateo County Counsel John Beiers couldn’t help himself he just had to give a response. He has a habit of doing that whenever he feels like it. Andrew Boone called back and called John Beiers a Liar and offered the Supervisors evidence to back up his claim. After that statement I waited for John Beiers or the Supervisors to express Outrage that a Citizen would call their Legal Counsel a Liar in a Public Meeting, Silence was the response.

BOS Meeting May 5, 2020 36:30 mark

Silence from Warren Slocum, Carol Groom, Dave Pine, Dave Canepa, Don Horsley, Mike Callagy, and John Beiers.

The reason for the Silence is Andrew Boone said the Obvious Truth.

Why would that be OK with all five elected officials and County Manager?

John Beiers serves at the pleasure of the FIVE SUPERVISORS.

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Who is Chief Information Security Officer of San Mateo County Now?

By Michael G. Stogner

Stormy Maddux was up until April 24, 2020.

San Mateo County Government doesn’t think notifying the 771,000 residents of this sudden departure/void of leadership of this very powerful position in the middle of a pandemic, is Newsworthy. Not a word mentioned anywhere on the County Website. No Press Release from Michelle Durand SMC’s Chief Communications Officer.

ALL DATA in San Mateo County. ISD A Trusted Technology Partner for all County Departments

San Mateo County News.com asked County Manager Mike Callagy if he would like to comment on Stormy Madduxs’ departure, his response was non- responsive.

Why would the Government hide this Leadership Change?

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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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