Clerk in Hospital Suit Offers No Defense

Ventura County Clerk Richard Dean offered no defense Thursday to a lawsuit filed against him and the Board of Supervisors by the executive director of Community Memorial Hospital.

Instead, Dean admitted to all the charges from Michael Bakst of Community Memorial, and even agreed with Bakst in a response filed with the court. On 13 instances in his response, Dean begins with, “The clerk admits the allegations . . . .”

Community Memorial is suing the county for refusing to place an initiative on the November ballot that would turn over $260 million in tobacco settlement revenue to seven private hospitals.

Community Memorial officials believe the county will use the money to make up for budget shortfalls. County supervisors, who have declared the proposed ballot measure unconstitutional, have vowed to spend the funds on health care programs.

But Dean says the county has no authority to keep the tobacco initiative off the ballot--that he was just following the orders of the county supervisors. He insists he isn’t taking sides and is simply trying to uphold the law and prepare for the upcoming elections.

After agreeing with the intention of the Bakst suit, Dean’s attorney asked the judge to order the county to put the initiative on the ballot unless it decides it’s illegal.

“Basically [Dean’s] saying everything in the CMH filing is accurate,” said Mark Barnhill, spokesman for Community Memorial. “The clerk himself recognizes that this should be on the ballot.”

The case will be heard July 24 in Ventura County Superior Court.