- An open letter to the board of directors of Golden Valley Health Centers outlines serious concerns regarding the CEO, Tony Weber, including: the creation of a hostile work environment, wrongful termination of employees, harassment of staff, and potential false imprisonment of the former CMO. - The letter provides numerous examples and allegations of intimidating and disrespectful behavior by Weber towards staff during meetings, as well as concerns about compromised patient care and safety due to increased productivity directives. - It requests that the board investigate multiple complaints against Weber relating to legal and ethical violations in order to protect employees and ensure quality of care.

1. AN OPEN LETTER TO THE BOARD OF DIRECTORS
OF GOLDEN VALLEY HEALTH CENTERS
December 2, 2014
Subject: Hostile Work Environment; Wrongful Termination; Harassment; Retaliation; Code of Conduct; Discrimination; Conflict of Interest; Quality of Patient Care; and Violations of State and Federal Laws.
Dear Board of Directors,
I am writing on behalf of myself, the public, and the patients, medical staff and providers of Golden Valley Health Centers (GVHC) to respectfully request that the Board of Directors of GVHC begin an investigation on the complaints that the Board has received, including the issues and complaints outlined herein. To my knowledge, recent complaints contain allegations relating to: (1) creation of hostile work environment; (2) wrongful termination, harassment and retaliation of a number of medical providers and employees; (3) false imprisonment of the Chief Medical Officer (CMO); (4) violation of the Golden Valley Health Center code of conduct; (5) discrimination; (6) gross conflict of interest and nepotism; and (7) violations of one or more states and federal statues, including federal statutes governing Federally Qualified Health Centers (FQHC).
[REDACTED]
(1) Hostile Work Environment
Anyone working at Golden Valley Health Centers (GVHC) today will tell you there are two opposing factions since Mr. Tony Weber’s appointment as CEO of GVHC. Mr. Weber has successfully created a hostile work environment and a culture of oppression, a ‘we against them’ disposition that not only endangers the well-being and security of the medical staff and providers but also the care quality for patients of GVHC. Mr. Weber has stated specifically to Employee#1, former Chief Medical Officer of GVHC, that the GVHC Mission was not enough to retain her, that he required 100% support from Employee#1. A few days after their discussion on patient care quality, Employee#1 was
CRITICAL: PLEASE CAREFULLY REVIEW

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wrongfully terminated (for among others, expressing concerns regarding quality of care, conditions of care and provider work environment (MD, DO, NP, PA, LCSW at GVHC). There is a prevailing sense of fear; there is no freedom to express oneself, without fear of retaliation from the leadership team, including the CEO, COO and Chief of Human Resource.
On November 21, 2014, Mr. Weber invited all GVHC providers to a meeting with himself and some members of the Board. The objective of the meeting was to pacify the GVHC staff and quell the burgeoning desire for justice and action from the Board. Instead of alleviating fears against retaliation and uplifting spirits, Mr. Weber solidified his image as dictator and oppressor by talking down on the medical staff, including doctors, in a disrespectful and very unprofessional manner. Such conduct is unbecoming of a CEO and violates GVHC code of conduct (and a key Core Value – Respect). Even Employee#10(Attendee#1), a psychiatrist in practice for over thirty years and former CMO at GVHC, commented on (1) how Mr. Weber intimidated providers and doctors; (2) how Mr. Weber talked to respected medical providers in a condescending tone; and (3) that the way Mr. Weber talked to the staff does not engender a peaceful resolution.
For example, following are excerpts from the November 21 meeting:
Attendee#1: So, the first question, “Can we voice our opinions without fear of retaliation, several persons have been fired?”
Mr. Weber: Not a fact. I only know of several persons were fired. Like I said, I have no hit list.
…..
Attendee#2: Can you tell us that truth?
Mr. Weber: You want me to read it for you?
Attendee#2: Oh, absolutely, please. A lot of us know who Employee#2 and Employee#1 are, and you kind of tell us how bad we are, as people, how shitty employees we are.
Mr. Weber: Now do you want to respect me or you don’t want to respect me?

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Attendee#2: Well you don’t respect anybody here. (I’ve been respecting everybody here.) My god, you are treating us like bad children.
Mr. Weber: I’m treating you like bad children?
Attendee#1: Okay, let’s try again, let’s start over.
Mr. Weber: This is what I’m talking about, we’re not going to do this. Okay?
Attendee#1: Excuse me here, but I have to say that the way you are talking to us with all due respect, doesn’t engender peaceful resolution. You are in command, that you are speaking us is very intimidating.
Attendee#3: You are condescending, sir.
Attendee#1: We must either join you or chose to leave.
Attendee#3: If we don’t join you one hundred per cent, we get fired too?
Attendee#1: This organization has worked very hard, have the mission in mind, and you come in 5 months ago and you believe that yours and the boards mission is much stronger, or somehow much strong or ours is not as strong and I am willing to resign at the end of this meeting. (clapping). What I’m hearing does not engender any trust, and that’s going on, and I am sorry, and I think I am speaking for many people…
Attendee#3: you are very rude and condescending.
Attendee#1: There has been many, I am not saying that, there’s something wrong with this picture, and I respect Price, I’ve worked with him as CMO, but maybe it’s a lack of communication, where is the board moving? What is going on? We are in fear, many of us are, thankfully I’m not, I work one day a week, I’m contracted and I can leave, but

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many are in fear who is going to go because there’s no rhyme or reason that they can see.
As can be seen from the above examples, Mr. Weber had a chance to unite the GVHC staff; instead, Mr. Weber further divided the staff, and accelerated the number of providers and doctors who have resigned and are contemplating employment elsewhere after the meeting on November 21. The psychological well-being of GVHC providers and employees were severely affected by Mr. Weber’s repeated pervasive and offensive words and actions. Almost all providers fear retaliation from Mr. Weber and his lieutenants, some taking medical leave to escape the hostile environment constructed by Mr. Weber. While a hostile work environment does not create a legal cause of action per se, it (1) violates GVHC code of conduct; and (2) will lead to discrimination and other legal liabilities. More importantly, a hostile work environment will damage the GVHC brand and image and crush staff morale, indirectly leading to lower quality of care for patients.
The Board must move quickly to enjoin Mr. Weber from further actions and expressions that would otherwise create a hostile environment and invite litigation and subject GVHC to further liabilities.
(2) Wrongful Termination and Harassment of Providers and Employees
Since Mr. Weber’s appointment as CEO in May of 2014, Mr. Weber has manifested what appears to be a sinister agenda directed towards leaders of executive and clinical position who have questioned his credibility prior to his appointment as CEO. The Board has a fiduciary duty to investigate the very likely possibility of a personal grudge and harassment that led to the wrongful termination of (1) Employee#2 LCSW, MAC, with more than 9 years of services to GVHC and was the previous Head of the Behavioral Health Department and Director of Talent and Culture, (2) Employee#3, Center Manager of West Modesto Clinic for 14 years, and (3) Employee#1, MD, Chief Medical Officer at GVHC for over 17 years, who may have also been falsely imprisoned by the leadership team (CEO, COO and CHR). The wrongful termination of Employee#2, Employee#3, and Employee#1 may be in violation of a number of state and federal labor laws. The false imprisonment of Employee#1 is a clear violation of GVHC code of conduct and may constitute a felony crime.
In the case of wrongful termination of Employee#1, Mr. Weber praised Employee#1 and offered the following regarding her termination in the November 21 meeting with providers:

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Mr. Weber: I can tell you that as far as a clinician, I respect Employee#1. She is a terrific clinician as far as being a support and an influence to you all, absolutely. She’s a fantastic CMO when it came provider relations, but there is more to being a CMO, there’s more to being an executive, there’s more to being an executive team member than to remain competent at your specific job in your field. As a executive team member or any leadership position at this organization we have an obligation to trust one another within our teams, to support one another within our teams, support decisions that are made in our teams and ultimately support the board and the direction that they outline for us to go and to support the CEO. I worked with Employee#1 for several months and I have months’ worth of documentation, and if I can share it with you, I would share with you, but it came down to whether or not Employee#1 and me, Employee#1 and the executive team can work together and move forward to achieve all the goals, and all the challenges we have going forward. It was my decision that after months that it wasn’t, that Employee#1 is not the right person to take the job, is not the right person to take this organization forward to wherever we need to go, it was a tough decision…
Based on the above, there is no cause for termination of Employee#1 and given her years of services and the actions taken by Mr. Weber, the Board should investigate whether Employee#1 (along with Employee#2 and Employee#3) was wrongfully terminated. In the case of Employee#2, she may have had an oral contract based on her discussions and interactions with Employee#1, Employee#4, and Employee#5, then Interim CEO, all of which were still members of the GVHC leadership team and had authority to contract. More specifically, all three leaders offered (and Employee#2 accepted) an oral agreement for Employee#2 to train (e.g., specialized training to GVHC providers) and to continue to provide expert clinical supervision in behavioral health for approximately a period of 3 years. Employee#3, on the other hand, refused to schedule new patients for providers as directed by Mr. Weber because patient care and quality would have suffered. Subsequently, Employee#3 was terminated shortly after her refusal to implement Mr. Weber’s directive.
Equally troubling, it is well known among the staff that Mr. Weber forced the involuntary resignations of a number of employees shortly after his arrival. For example, Employee#5, previous Deputy CEO and Interim CEO who worked for over 23 years at GVHC; Employee#6, Director of Nursing who worked for GVHC for over 8 years; and Employee#7, Grants Manager who worked for GVHC for over 9 years, all suddenly and involuntarily resigned from GVHC after years of distinguished services. These untimely departures should also be investigated. In the case of Employee#5, Employee#6, and Employee#7, all resigned under extreme pressure and weight of a hostile environment, as evident by Employee#6’s letter to the Board shortly after her resignation. Regardless of whether or not these employees have legal causes of action against GVHC, Mr. Weber, Mr.

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Mark Millan, and Mr. Michael Buda (all named in Employee#6’s letter) created a hostile environment and violated a number of GVHC codes of conduct. Therefore, an investigation by the Board into these departures is warranted.
Further, there is the harassment of Employee#4, LCSW, the current Head of Behavioral Health, and Employee#8, Center Manager of the Turlock site. In the case of Employee#4, Mr. Weber, in the presence of Mr. Buda, verbally abused Employee#4 with profanities1 and cited Employee#4’s refusal to terminate Employee#2 as the basis of his anger. As for Employee#8, she was questioned by her supervisor (Adam Heath) as to the level of loyalty she has for Mr. Weber. Disgusted with the question, Employee#8 left the premises as she felt she was being harassed by Mr. Heath and senior leadership. Clearly, a pattern of hostility is widely prevalent across all GVHC sites. Such past and current harassments of employees may violate federal employment laws and California Fair Employment and Housing Act and its implementing regulations. These serious concerns of workplace harassment are widely talked about among the medical staff and should be thoroughly investigated and, if applicable, reported to the Department of Labor and other investigative bodies.
One of the major issues that may have led to Employee#1’s wrongful termination was Employee#1’s opposition to Mr. Weber’s incorporation of six NEW patients per day for every provider. Mr. Weber considers this an effective way to increase access. Regardless of a provider’s specialty or position, this directive from Mr. Weber will compromise the health and safety of each and every patient (GVHC has over 100,000 patients). Furthermore, Mr. Weber’s directive is an unrealistic expectation and demonstrates the lack of business acumen and leadership necessary to lead GVHC. Clearly, Mr. Weber, having previously been a Chief Financial Officer, is new to the position of Chief Executive Officer and lacks the medical background to fully understand the health and safety consequences of his decisions and directives. It appears that Mr. Weber’s directive is solely based on financial gains. The “new patients” directive by Mr. Weber is unsympathetic to both providers and patients and is detached to the humanity involved in a healthcare setting. Not only does this endanger the health and safety of new patients, who are only given 10 minutes to be seen, it DECREASES access to the over 1,500 patients a single full-time provider has in his/her panel. GVHC providers are not automatons, and most especially, our patients are more than just numbers. In short, Employee#1 was wrongfully terminated for raising concerns regarding health care conditions and patient care and quality. In fact, Employee#1’s case (and possibly Employee#3’s case as well) is a classic case of retaliation
1 Mr. Weber’s use of profanities is in violation of GVHC code of conduct; therefore, Mr. Weber should be disciplined accordingly.

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and her termination is in violation of a number of California Labor and Health and Safety codes.
Regarding the delivery of health care services, by over-riding Employee#1’s recommendations on the standard of care for GVHC’s patients, Mr. Weber effectively engaged in the practice of medicine – endangering the safety of over 100,000 GVHC patients and the public in general. For clarity, Mr. Weber is not a licensed physician. Therefore, the Medical Board of California may have a cause of action against Mr. Weber for the unlicensed practice of medicine.
Furthermore, Mr. Weber has publicly declared that the Board fully supports all his decisions and actions. If true, the Board may be held personally liable should decline in patient care result in injuries (or even death). Succinctly, Mr. Weber’s decisions have or will result in the decline of patient care and quality and may place the health and safety of tens of thousands of patients at risk. The Board has a fiduciary duty to the public, patients and providers of GVHC to fully investigate this issue, among others outlined herein.
(3) False Imprisonment of an Employee
As briefly outlined above, Employee#1 may have been falsely imprisoned by Mr. Weber, Mr. Michael Buda (CHR of GVHC) and Mr. Mark Millan (COO of GVHC) on November 17, 2014. Already previously verbally harassed on November 11, Employee#1 was visibly upset and anxious and shared with colleagues that she had a last minute one-on-one meeting with Mr. Weber and if Mr. Buda were present she would fear for her safety2. Employee#4, having been in a previous meeting with Mr. Weber and Mr Buda where Employee#4 was verbally harassed and subjected to profanities by Mr Weber while Mr. Buda silently stood by, volunteered to Employee#1 to be present at the meeting for support. Employee#1 texted Employee#4 that indeed Mr. Buda was to be present at meeting and for Employee#4 to come. However, despite having received texted messages from Employee#4, stating he would come, Employee#4 was physically prohibited from seeing Employee#1 by Mr. Millan. During Employee#1’s confinement, Employee#4 texted Employee#1 to inquire whether she was safe. For nearly 3 hours, Employee#1 was involuntarily locked in a conference room in GVHC’s Merced office by Mr. Weber and Mr. Buda. In attempt to reach and rescue Employee#1, Employee#4 was confronted by Mr. Millan. In fact, Mr. Millan physically blocked Employee#4 from reaching Employee#1’s room and within inches of Employee#4’s face, Mr. Millan ordered Employee#4 to leave the
2 No one should fear for their safety at GVHC. The fact that a CMO feared for her safety speaks volume of the hostile environment and the people that created the hostile environment.

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building. Those who were involved in the willful and false imprisonment of Employee#1, including Mr. Weber, Mr. Millan, and Mr. Buda, should be prosecuted. It should be noted to the Board that false imprisonment is a felony offense. Further, failure to report a crime may subject the Board to personal liability (and may even rise to the level of Class A misdemeanor in some states). The Board is advised to thoroughly investigate this matter, which may rise to the level of a felony offense. In any case, such action by Mr. Weber, Mr. Millan, and Mr. Buda consequently exposes GVHC to civil liabilities and claims.
(4) Violations of Code of Conduct & Laws and Conflict of Interest
Among Mr. Weber’s first actions as CEO was the appointment of his best friend, Mark Anthony Millan as Chief Operating Officer of GVHC. Mr. Millan was hired as COO, despite being unqualified to even hold a lower position as Director of Operations for which Mr. Millan had applied and was denied because Mr. Millan failed to meet the minimum requirement for the position, which was a bachelor’s degree. GVHC’s normal operating and hiring procedures require that top executives and clinical leaders to hold at least a bachelors degree. Therefore, it is unfanthomable and irresponsible (of Mr. Weber) to appoint a person, who lacked both experience and education, to the position of COO. Mr. Millan is rumored to hold employment wherever Mr. Weber finds his. Mr. Millan’s relationship to Mr. Weber (best friends) and his appointment as COO, despite being unqualified for a lower position, (1) is a clear conflict of interest; (2) violates the code of conduct of GVHC; (3) depart from historical norms and operating procedures of GVHC; and (4) reflects poorly on GVHC as an organization of high standards.
Separately, another poor and/or illegal decision of Mr. Weber may be the appointment of George Conklin, PA-C, as Interim Chief Medical Officer a week after Employee#1 was wrongfully terminated. Historically, GVHC’s Policies and Procedures require the Chief Medical Officer to be a board licensed primary care physician, not a physician assistant. In fact, since the establishment of GVHC, all CMOs have been licensed physicians. Both Mr. Weber and Mr. Conklin knew or should have known that all previous GVHC CMOs have been licensed physicians.
Section 330 of the Public Health Service (PHS) Act (42 U.S. Code, Chap. 6A, § 254b) requires that all FQHCs must have a medical director who supervises all clinical activities and medical doctors who are licensed and residency-trained. As a physician assistant (PA), Mr. Conklin is not a licensed medical doctor. In fact, Mr. Conklin’s charts must be co- signed by a licensed physician. In view of this, a physician assistant may not be

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qualified under Section 330 to supervise licensed medical doctors. Subsequently, GVHC may be in violation of Section 330 of the PHS Act. Continual violations of Section 330 may affect patient care and quality. As such, failure to address this issue may result in criminal and civil liabilities to GVHC, including personal liabilities by responsible parties (e.g., Mr. Weber, Mr. Conklin, and Mr. Buda) and the Board for neglect. Even putting aside Section 330, it boggles the mind that a staff that needs to be overseen by a licensed physician is now in fact supervising his supervisors (other licensed physicians). This further solidifies an ominous concern about the competence of Mr. Weber and Mr. Buda and those that may have been involved in the decision making process3.
The above violations are serious matters that will ultimately affect patient care and quality. The Board should thoroughly investigate the hiring and qualifications of Mr. Millan as COO and the appointment of Mr. Conklin as CMO. Both appear to be violations of conflict of interest, GVHC code of conduct and other state and federal statutes.
5) Discrimination
During the meeting between providers and Mr. Weber on November 21, Mr. Weber commented on his strategic goals for GVHC. Mr. Weber denied a strategic plan to change the direction and Mission of GVHC. However, Mr. Weber’s actions indicate a direct opposition to GVHC’s current Mission Vision and Core Values, which Mr. Weber himself could not enumerate in the November 21 meeting with providers.
For example, the following excerpts are from the November 21 meeting:
Attendee#3: Oh, I am sorry, what is the mission vision of Golden Valley? You have been our CEO for the last 6 months. Sir, what is the mission vision of Golden Valley?
Mr. Weber: I am not gonna get into this…
Attendee#3: But sir, we need to see that your mission is aligned with what we’ve been here for us for the past 10 years.
3 As Chief of HR, Mr. Buda knew or should have known that Mr. Conklin’s appointment was illegal and will or has affected patient care and quality. As such, both Mr. Weber and Mr. Buda may be personally liable for their illegal actions. Further, by accepting the position, Mr. Conklin may be subjected to disciplinary actions by the Physician Assistant Board of California for practicing medicine outside the scope of his license (i.e., unlicensed practice of medicine).

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Mr. Weber: It’s about the patient, okay? It’s about patient experience, it’s about quality, it’s about moving us forward, to deal with the changes and deliver... these things have been talked about, it before I got here. There’s big changes in the horizon, we need big leadership to take us there. My strategic vision hasn’t changed, it’s all about the patient, it’s all about access too, it’s all the quality.
Accessible to everyone, GVHC’s Mission is concisely written on GVHC’s website as:
“The mission of Golden Valley Health Centers is to improve the health of our patients by providing quality, primary health care services to people in the communities we serve regardless of language, financial or cultural barriers.”
Repeatedly, Mr. Weber has expressed a desire to become the premier employer of choice and healthcare provider of choice. This is not GVHC’s Vision. In fact, as stated on GVHC’s website (which Mr. Weber can access), the Vision of GVHC is as follows:
“Golden Valley Health Centers will be known as a premier organization ensuring access to high quality, culturally responsive and comprehensive primary health care for all, especially the underserved.”
Further, when asked about GVHC’s core values, Mr. Weber could not recite a single Core Values of GVHC4, as demonstrated in the following exchanges during the November 21 meeting:
Audience: If you could just mention the core value...
Mr. Weber: Trust, honesty, integrity…
Attendee#3: Those are not in our email sir.
Mr. Weber: You guys put it in a context of how your relationship with doctor….
Attendee#3: Sir, you did not mention a single core value…
4 GVHC Core Values are: Advocacy, Access, Efficiency, Respect, Innovation and Excellence.

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The above demonstrates that Mr. Weber has no understanding or grasp of GVHC’s Mission, Vision, or even its Core Values. I respectfully repeat: Mr. Weber was unable to recite or summarize GVHC’s Mission, Vision and Core Values (not even a single Core Value). A CEO should be able to recite, without notice, the Mission, Vision and Core Values of the organization that he/she leads. Therefore, as a primary care provider in a health center, I am worried that the real intent, the true objective of Mr. Weber is to change the atmosphere, including the 1) patient demographic, removing access to healthcare to a predominantly Hispanic population composed of migrant farm workers, and consequently 2) the staff physicians, discriminating against Foreign Medical Graduates and visa physicians.
Noticeably, Mr. Weber is unaware that one of the Core Values of GVHC is RESPECT. This, along with Mr. Weber’s inability to recite or summarize GVHC’s Mission, Vision and Core Values, doomed Mr. Weber from the very beginning and lead to the creation of a hostile work environment, which ultimately resulted in discrimination or lead others to discriminate.
For example, enclosed you will find a copy of a letter written by Employee#9, addressed to the Board, describing an incident in July 2014, involving herself and Mr. Buda, wherein Mr. Buda verbally expressed racist and discriminatory comments against foreign medical graduates. More specifically, Mr. Buda stated the following: “that doctors of foreign countries do not receive adequate medical training and GVHC does not want to have a reputation for hiring lesser qualified physicians.” Inconceivably, these are words from the highest officer of Human Resource himself, a lawyer who should be held liable for his words to the State Bar of California. During the provider meeting on November 21, instead of denying or disavowing the statement, Mr. Buda has stated that he does not recall the conversation (multiple times). Despite Mr. Buda’s selective memory, a number of GVHC staff can corroborate Mr. Buda’s discriminatory and hurtful statement.
As a foreign medical graduate, I am disgusted and insulted at the blatant discrimination against foreign medical graduates by Mr. Buda, who may have violated one or more attorney ethics rules with his racially charged and discriminatory statement. In fact, Section 330 of the PHS Act requires FQHCs to design culturally and linguistically appropriate health services programs. GVHC relies on foreign medical graduates and the foreign language training of foreign graduates in order to meet the requirements of Section 330. I myself speak medical Spanish, in addition to English and Tagalog, and my

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ethnic background includes Filipino, Chinese and German.5 Many of GVHC’s foreign graduate providers have similar diverse background and speak multiple languages as well. This is what makes GVHC great – our culturally and linguistically diverse group of providers.
Mr. Buda’s statement, therefore, should be unequivocally rejected by the Board. The Board should thoroughly investigate and, if applicable, institute corrective and disciplinary actions that will support current labor laws, including state and federal statutes governing discrimination, and the Mission, Vision and Core Values of GVHC.
6) Impact to Health Care and Patient Care & Quality
But of all the events in the past six months, nothing empowered providers more than the wrongful termination of a much loved and respected CMO, Employee#1, graduate of Stanford Medical School. Employee#1, a pillar of strength in the Hispanic community, is the sitting president of the Stanislaus Medical Society, board member of Doctor’s Medical Center Hospital (serving over 220,000 patients), board member of Latino Physicians of California, and is revered and respected by her peers (throughout the State of California). In fact, Employee#1 was formerly the first Latina member of the California Medical Board. Employee#1 is also beloved by her patients. Employee#1 is the primary care physician to over 2000 patients and was wrongfully terminated for, among others, her opposition to Mr. Weber’s decisions affecting patient care and quality. Although GVHC will likely bear the legal consequences of Mr. Weber and Mr. Buda’s ill-advised actions and decisions, I and other providers cannot stand silently against the injustice and oppression of Mr. Weber and Mr. Buda as their actions and decisions have and will impact patient care and quality.
Our most pressing concern is the astoundingly negative impact to health care as a direct consequence of Employee#1’s wrongful termination. Employee#1 was abruptly terminated on a Monday, in between seeing patients. This resulted in an immediate lack of access to healthcare because Employee#1’s patients were not adequately informed, nor were the patients given provision of care in a timely manner afterwards. Hordes of patients complained on a daily basis, but even with mounting grievance reports, we saw no immediate action to respond to this outcry.
5 As to my family, I have in-laws who are Vietnamese, Chinese, Malaysian, Filipino, Hispanic, Caucasian, and African-American.

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Further, the medical staff at 6th St GVHC clinic were instructed eight days after Employee#1’s termination to inform Employee#1’s patients inquiring about her departure that ‘it was a mutual decision to separate’. All these lies (which violates GVHC code of conduct), and the gross negligence in provision of care reflect the callous uncaring and arrogant disposition of a Chief Executive Officer (Mr. Weber) in a Federally Qualified Health Center. It would be reasonable for the Board to question Mr. Weber and/or Mr. Buda as to their involvement in the deceptions of Employee#1’s patients. Mr. Buda, as a licensed California attorney, is governed by strict attorney ethics rules and the State Bar should investigate as well.
Again referencing the meeting between providers and the CEO on November 21, Mr. Weber enumerated all the outstanding qualities of Employee#1 as a primary care provider. Mr. Weber described her as a terrific physician and expressed how he feels terrible for her patients. And yet, when questioned if he would consider hiring her as a physician, his answer was an emphatic ‘no’. I cannot overemphasize the crucial impact this arrogant decision is to the health of thousands of people whose families have her as Primary Care Provider for over three generations.
Regardless of how one feels about Employee#1’s wrongful termination, her departure affected over 2000 patients and is effectively patient abandonment since Mr. Weber had no back-up plans to care for Employee#1’s patients. In fact, GVHC may be obligated to give notice of a provider’s departure to patients within a certain period of time following a provider’s departure. To my knowledge, no such notice was given to any patients of Employee#1.
As an example of how patient abandonment has real and material consequences to both GVHC and the Board, consider the following scenario. A patient of Employee#1, unable to get an appointment, ends up in the ICU due to a lack of an insulin prescription. In such a case, the patient may have a cause of action against GVHC for malpractice. Furthermore, through the ordinary course of discovery, documents may be uncovered to demonstrate that the Board knew or should have known about the patient abandonment issue following the wrongful termination of Employee#1. As a result, the Board may be found personally liable for neglect of fiduciary responsibilities (in addition to personal liabilities by Mr. Weber and potentially Mr. Buda).
The decaying of quality of patient care is publicly visible under the leadership of Mr. Weber. The Board must take immediate corrective actions to restore patient care quality and confidence in GVHC as a premier health care center for the underserved.

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7) Violations of State and Federal Law
Federally Qualified Health Center (“FQHC”) is a designation the federal Bureau of Primary Health Care (BPHC) and the Centers for Medicare and Medicaid Services (CMS) assigned to private nonprofit or public health care organizations that serve predominantly uninsured or medically underserved populations.
All FQHCs must be governed by a consumer board of directors and provide comprehensive primary health, oral, and mental health and substance abuse services to persons in all stages of life. FQHCs offer their services to all persons regardless of ability to pay and charge for services on a board-approved sliding fee scale based on patients' family income and size. FQHCs must comply with Section 330 program requirements and all applicable state and federal regulations.
FQHCs are required to meet certain health care services requirements. For example, all FQHCs must have a medical director who supervises all clinical activities and medical doctors who are licensed and residency-trained. However, as previously mentioned, Mr. Weber recently appointed a physician assistant, Mr. Conklin, as the CMO of GVHC. Given that the CMO position is not a purely administrative position (as required by Section 330), I believe such appointment is illegal and may violate Section 330 of the Public Health Service Act. Further, as the CMO, Mr. Conklin may be practicing medicine outside the scope of his license as a PA. Such violations should be reported to the Physician Assistant Board of California for disciplinary action. In the event that Mr. Conklin and/or Mr. Weber argue that Mr. Conklin’s appointment as CMO is an administrative position, then Mr. Weber has willfully allowed GVHC to be noncompliant under Section 330, which may disqualify GVHC from FQHC status. Regardless of the intentions of Mr. Weber or Mr. Conklin, both may have violated federal laws governing FQHC and state board regulations. Further, as the CHR, Mr. Buda may have assisted or been involved and therefore should be the subject of an investigation into this matter as well. A thorough investigation by the Board is respectfully requested to protect GVHC from further harm and liabilities.
In summary, it is my hope that all Board members take the issues outlined herein seriously and thoroughly investigate all allegations of misconduct or violation of laws. Board members can be liable for the consequences of decisions if they neglect their responsibilities as Board members. Further, Board members can be personally liable in matters involving a conflict of interest or violations of local, state or federal criminal laws.

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Given that litigation and/or investigations by government and board authorities are eminent, the Board should consider instituting a litigation hold order to preserve all forms of relevant information and evidence that may be relevant in eminent litigation and investigations by local, state and federal authorities, including medical boards and state bars. In view of the above issues, litigation and investigations by government and board authorities are reasonably anticipated. The Board, therefore, should consider instructing Mr. Raymond Parris, Chief Information Officer of GVHC, and GVHC legal counsels to initiate a notice or communication to those who may be in custody of relevant information and evidence to preserve all forms of relevant information and evidence, including GVHC as an organization, where GVHC is legally obligated to suspend the normal disposition or processing of records, such as backup tape recycling, archived media and other storage and management of documents and information. For Mr. Weber, Mr. Millan, and Mr. Buda, it may be advisable for GVHC and Mr. Parris to secure GVHC assets (e.g., computers and phones) from Mr. Weber, Mr. Millan, and Mr. Buda to ensure full compliance with laws and regulations. Failure to act quickly to prevent the destruction of evidence and secure custody of relevant discoverable information may result in evidence spoliation, which may result in exemplary and punitive sanctions against the responsible parties.
Lastly, the Board may want to consider whether it is appropriate to place Mr. Weber, Mr. Millan, and Mr. Buda on administrative leave pending the outcome of the investigations into the serious matters outlined herein. Further, in the event local, state, and/or federal authorities, including medical boards, state bars, and law enforcement, decide to take investigative or other actions against Mr. Weber, Mr. Millan, and Mr. Buda, it may be advisable for the Board to move to ensure GVHC resources are not used to represent and/or defend Mr. Weber, Mr. Millan, and/or Mr. Buda as these executives are personally liable and accountable for their actions and decisions, especially actions and decisions that have violated GVHC code of conduct or state and federal laws.
I sincerely thank you for your attention to these matters and your services as Board members of GVHC. I and the entire GVHC staff look forward to hearing from the Board on the progress and outcomes of the investigations into these matters.
Respectfully Submitted,
More than 150 Golden Valley Health Centers Providers, Staff and Patients.