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Story Archives: UPDATED: Former hospital CEO files suit
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UPDATED: Former hospital CEO files suit
CORRECTION: The Franklin Sun published the wrong news article in its Wednesday, Aug. 26, 2009, issue concerning a lawsuit a former administrator at Franklin Medical Center filed against Franklin Medical Center's Board of Commissioners. We sincerely regret the error. The correct article is posted below. The Franklin Sun also will publish the correct article concerning the lawsuit in its Wednesday, Sept. 2, 2009, issue. Again, we sincerely regret the error--Sam A. Hanna Jr.
Franklin Medical Center has not responded to a lawsuit filed by former hospital administrator Robert Boullion.
Boullion sued the hospital's board of commissioners in 5th Judicial Court on Aug. 10, alleging the board violated state open meetings laws when it moved to terminate his contract in June.
At issue is whether the board of commissioners upheld state public notice laws when it advertised the June 12 special meeting.
According to Boullion's suit, discussion of his employment was not listed in the preliminary agenda. Also, Boullion said he was instructed not to attend the meeting.
Boullion resigned following that meeting, "feeling he had been provided no choice," according to the suit.
Boullion's lawyer contended his client would never have skipped the meeting if he had been told they were discussing his job status at the hospital.
"Had petitioner been told his job was going to be discussed at that meeting, he would never have waived his appearance and would have exercised his right to require the discussion of his position be held in an open meeting," according to Boullion's suit.
The agenda given to Boullion before the June 12 meeting did include "strategic planning regarding personnel matters relating to all Administrative Positions."
However, no specific mention of terminating Boullion's employment at Franklin Medical Center was included on the agenda.
Boullion also alleges the board violated open meetings laws by holding a special meeting.
"Upon information and belief, the Board of Commissioners used the special meeting of Friday, Jun 12, 2009 as an 'executive session' meeting, rather than an open meeting, in an effort to avoid the requirement of holding its meeting as a public meeting and in an effort to avoid having petitioner require that discussions be held in an open meeting," the suit stated.
That means Boullion would have required public discussion of his job, performance and other issues related to his continued work with the hospital, had he been at the meeting.
Boullion's suit argued that the board's actions used personnel selection policies "which violate the Louisiana Open Meetings Law."
Boullion is seeking a permanent injunction to prevent such actions by the hospital board in the future.
Also, Boullion is seeking a judgment in the amount of $100 per commissioner, in addition to attorney's fees and damages.
Franklin Medical Center representatives declined to comment on the suit.
Hospital board attorney Blake Kramer said the board does not comment on pending litigation.
Shreveport attorney Vicki Warner is representing Boullion in the matter.
Kramer represents Franklin Medical Center in most legal matters. However, he will not be the hospital's attorney in this suit.
"I was named as a potential witness in the suit," said Kramer, who is also serving as interim financial officer for Franklin Medical Center. "That would create a conflict for me if I were to represent the hospital."
Kramer's father, Michael Kramer, will represent Franklin Medical in the case. |
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