January 28, 2010 - Tavares, FL - This article is more about the lawsuit filed by Marilyn Bainter that was discussed in recent postings. Our earlier response to the Daily Commercial version also applies here. The lawsuit provides evidence that the current Hospital Tax District is unconstitutional according to the filing attorney hired by Marilyn.
Readers can see a list of all postings on this blog regarding the Hospital District HERE, including the announcement of the lawsuit and the full text of the lawsuit posted earlier this month.
They can also read the lengthy background details written in the first quarter of 2009 HERE.
The reporter quoted Phil Braun as saying Marilyn should have talked to them. That has
been going on at the three prior Board meetings last year, and our initial posting on this lawsuit contains not only the minutes of two meetings held last quarter with substantial public input, but my description of all the efforts taken by Marilyn's supporters to provide better accountability over the uses of funds and modification of the legislation to allow the Board to set the tax millage rate anywhere between 0 and 1 mill, rather than the current mandatory 1 mill without any public dialog.
At the recent Board meeting this month, the Board did not even allow public input during their session.
Voters need to vote out all three Board incumbents that are coming up for election this year.
Vance Jochim
orlandosentinel.com/news/local/lake/os-lk-hospital-district-lawsuit-20100127,0,6638753.story
OrlandoSentinel.com
Suit aims to ax hospital district
Christine Show
Orlando Sentinel
11:07 PM EST, January 27, 2010
A North Lake Hospital District member has taken her crusade to make the board more accountable to the next level by filing a lawsuit questioning whether the taxing body is constitutional.
Marilyn Bainter, who was elected to the hospital district in 2008, is
looking to get rid of the government board by challenging whether it is
legal to collect money from taxpayers to help offset costs for Florida
Hospital Waterman, Leesburg Regional Medical Center and LifeStream
Behavioral Center. She filed the suit along with her husband, former
state Rep. Stan Bainter.
"Someone has to do it. I guess that's me," Marilyn Bainter said. "All
this time I thought this tax was unconstitutional. It's really sad it
takes a taxpayer to get our government to obey laws."
The suit claims that the hospital district, which hands over millions
of property-tax dollars each year to help the two hospitals cover
costs, has no right to tax residents who live in the district, from
Mount Dora to Lady Lake.
The board's lawyer, M. Meredith Kirste, would not comment on the case.
The board hired a separate law firm, Stone & Gerken of Mount Dora,
to handle the case, attorney Lewis Stone said. Stone said he reviewed
the case but could not comment.
Frank Gaylord, the board's chairman, did not return a call for comment.
Florida Hospital Waterman, LRMC and LifeStream are also listed
individually in the suit because they receive the tax dollars, which
the suit claims is unlawful.
The three medical entities say the tax dollars are necessary for them to offset costs they spend for indigent, or charity, care.
"While existing tax support dollars are not sufficient to fully support
care for those who are unable to pay, the potential loss or
diminishment of tax district funds would be catastrophic in terms of
our ability to deliver charity care to those who need it most … in our
community," wrote Ken Mattison, Florida Hospital Waterman's president
and chief executive officer, in a statement to the Orlando Sentinel.
Likewise, a representative for the Leesburg hospital called the tax dollars vital to serving the needs of the community.
"We want to be able to provide health-care needs," said Phil Braun, the
hospital's vice president and general counsel. The tax "helps offset
some of these costs. It really allows us to provide better care for
everyone."
Braun said the issue could be resolved in a different way rather than trying to handle the matter via a lawsuit.
"The really sad thing is we're going to have to spend taxpayer dollars
defending ourselves," he said. "What I don't understand is why she's
taking it to litigation rather than sitting down and coming up with
solutions. Maybe there's an alternative way."
Jon Cherry, chief executive officer of LifeStream, said eliminating the
tax would "devastate the two hospitals." LifeStream receives about 5
percent of the tax dollars, Cherry said, which have been put toward
charity care for its 46-bed psychiatric hospital last year.
"Without the taxing-district dollars, we wouldn't be able to provide the indigent care," he said.
Also listed in the suit are Lake County Property Appraiser Ed Havill
and Lake Tax Collector Bob McKee. Bainter said they were named as a
technicality because they participate in the process of collecting the
tax.
Havill said he didn't have much to comment on the issue because his
office simply follows the process it is required to do by law.
"We're not the dog in this fight," he said.
McKee said his office is in a similar position. But he said Bainter has
the right to challenge the taxing process if she questions its purpose.
"I respect Mrs. Bainter for having the courage of her convictions," he
said. "Every taxpayer should challenge what they believe to be wrong."
Christine Show can be reached at cshow@orlandosentinel.com, at 352-742-5917 or on Twitter @showc.
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