Parkland Hospital weathered the crises – November 27, 1963

November 27, 2012

Dallas County Judge Clay Jenkins* wrote a piece for the Dallas Morning News, published November 25, 2012, describing the qualities he hopes the search committee will find in a new leader for Dallas County’s massive medical care institution, Parkland Hospital“Parkland needs an inspiring servant leader.”

Parkland Hospital, Dallas - Dallas Business Journal image

Parkland Hospital, Dallas – Dallas Business Journal image

For more than a decade the hospital has been hammered by a massive load of charity cases, including tens of thousands of people forced to used the emergency room for primary care because they cannot get into the health care system in other ways.  Such crowds, such budget pressures, such pressures on staff, force mistakes.  Parkland has not been immune.

Parkland emergency room wait times for non-critical care are legendary.  I’ve had students miss most of a week waiting for care there.  At the same time, I’ve had students return to class in what I considered record time after being patched up from problematic baby deliveries, auto accidents, and gunshot wounds.

Problems in billing and record keeping for Medicaid and Medicare forced the resignation of a long-time hospital director.  Much of the past two years have been crisis mode for the hospital, laboring frantically not to lose its federal funding (Dallas County underfunds the hospital as a matter of tax-restraint policy).

Friends tell me morale is not great.

I stumbled into this letter at a great site for historical items, Letter of Note.  In times of crisis, those appointed or anointed to lead may do several things to rally workers to do their best, to carry an institution through the tough times.

I wager this letter, in 1963, did more to build Parkland Hospital as a quality institution than all the audits, investigations, and exhortations to abide by federal policy and stop losing money, in the past decade.  What do you think?

November 27, 1963, was less than a week after the assassination of President John F. Kennedy, who died in a Parkland operating room, the wounding of Texas Gov. John Connally, who was operated on in another operating room, and the shooting of presumed assassin Lee H. Oswald, who also got care at Parkland at his death.

We were not found wanting, thank you letter to employees of Parkland Hospital, Dallas, Nov. 27, 1963

We were not found wanting, thank you letter to employees of Parkland Hospital, Dallas, Nov. 27, 1963; (Source: Dallas Observer; Image via Wired.) (Click for larger image)

Transcript, from the Dallas Observer, via Wired, via Letters of Note:

Transcript [links added here]

DALLAS COUNTY HOSPITAL DISTRICT
Office Memorandum
November 27, 1963

To: All Employees

At 12:38 p.m., Friday, November 22, 1963, President John F. Kennedy and Texas’ Governor John Connally were brought to the Emergency Room of Parkland Memorial Hospital after being struck down by the bullets of an assassin.

At 1:07 p.m., Sunday, November 24, 1963, Lee. H. Oswald, accused assassin of the late president, died in an operating room of Parkland Memorial Hospital after being shot by a bystander in the basement of Dallas’ City Hall. In the intervening 48 hours and 31 minutes Parkland Memorial Hospital had:

1. Become the temporary seat of the government of the United States.

2. Become the temporary seat of the government of the State of Texas.

3. Become the site of the death of the 35th President.

4. Become the site of the ascendency of the 36th President.

5. Become site of the death of President Kennedy’s accused assassin.

6. Twice become the center of the attention of the world.

7. Continued to function at close to normal pace as a large charity hospital.

What is it that enables an institution to take in stride such a series of history jolting events? Spirit? Dedication? Preparedness? Certainly, all of these are important, but the underlying factor is people. People whose education and training is sound. People whose judgement is calm and perceptive. People whose actions are deliberate and definitive. Our pride is not that we were swept up by the whirlwind of tragic history, but that when we were, we were not found wanting.

(Signed)

C. J. Price
Administrator

The people of Parkland Hospital in 2012 will bring it through the current, slower series of jolting events, I predict.

When that happens, will the administrator think to thank them?

More:

_____________

* In Texas, the lead commissioner in the county commissions is called “judge.”  To distinguish between this executive branch judge and court judges, judges of courts are usually identified by the court in which they preside.  Clay Jenkins is the leader of the Dallas County Commission.


Department of Interior finally settled the Native American trust case

November 27, 2012

Here’s a headline that shouldn’t be buried in lame duck Congress folderol nor holiday news doldrums:  The U.S. Department of Interior (DOI) and plaintiffs in the Cobell case reached a settlement that the court has approved. This is the end of litigation — parties hope — on the long-running saga of government mismanagement of trust accounts held by the Bureau of Indian Affairs (BIA) for the benefit of Native Americans, over the last century.

Billions of dollars went missing to bad accounting.

Elouise Cobell met with President Barack Obama in the Oval Office, 2010

Elouise Cobell met with President Barack Obama in the Oval Office, in December 2010, after the passage and signing of the Claims Resolution Act of 2010.

Wikipedia has a concise, but thorough enough description of the case and its predecessors:

Cobell v. Salazar (previously Cobell v. Kemp- thorne and Cobell v. Norton and Cobell v. Babbitt) is a class-action lawsuit brought by Native American representatives against two departments of the United States government. The plaintiffs claim that the U.S. government has incorrectly accounted for the income from Indian trust assets, which belong to individual Native Americans (as beneficial owners) but are managed by the Department of the Interior (as the legal owner and fiduciary trustee). The case was filed in the United States District Court for the District of Columbia. The original complaint asserted no claims for mismanagement of the trust assets, since such claims could only properly be asserted in the United States Court of Federal Claims.

Arguments, appeals and deeper investigation strung the case out; lead plaintiff Elouise Cobell, a member of the Blackfoot Tribe, did not live to see the end of the case (she died in 2011).

It’s difficult to judge whether justice has been served in this case, and that judgment may not be ripe for many years.  Ending the litigation should create some hope for better conditions on Indian Reservations, and for Native Americans across the nation.  Especially the education benefits of the law required to settle the case, could provide a foundation for future prosperity of the affected tribes and people.

DOI announced the settlement in a press release November 26 (links in the body of the release added here):

Salazar Announces Final Steps on Cobell Litigation and Implementation of Settlement


Settlement includes land consolidation program to help promote tribal self-determination and strengthen economic development

11/26/2012

WASHINGTON, D.C. – Secretary of the Interior Ken Salazar today lauded the final approval of the Cobell settlement and outlined steps that Interior will take to help implement the historic $3.4 billion settlement. The settlement resolves a long-running class action lawsuit regarding the U.S. government’s trust management and historical accounting of individual American Indian trust accounts. It became final on November 24, 2012, following action by the Supreme Court and expiration of the appeal period.

“With the settlement now final, we can put years of discord behind us and start a new chapter in our nation-to-nation relationship,” said Salazar. “Today marks another historic step forward in President Obama’s agenda of reconciliation and empowerment for Indian Country and begins a new era of trust administration.”

The settlement includes a $1.5 billion fund to be distributed to class members for accounting and potential trust fund and asset mismanagement claims. The settlement also includes a $1.9 billion fund for a land consolidation program that allows for the voluntary sale of individual land interests that have “fractionated,” or split among owners, over successive generations. Fractionated land can have many owners – sometimes hundreds or more – diminishing the land’s value and making it difficult for individuals to use the land for agriculture, business development, or housing from which tribes can benefit. Up to $60 million of the $1.9 billion fund may be set aside to provide scholarships for American Indians and Alaska Natives to attend college or vocational school.

“This marks the historic conclusion of a contentious and long running period of litigation,” said Hilary Tompkins, Solicitor for the Department of the Interior. “Through the hard work and good will of plaintiffs, Interior and Treasury officials and Department of Justice counsel, we are turning a new page and look forward to collaboratively working with Indian country to manage these important funds and assets.”

Payments to Claimants
The Claims Administrator will now begin overseeing disbursement of the $1.5 billion to nearly 500,000 class members. The court previously approved GCG, Inc., as the Claims Administrator. The Department of the Treasury will transfer the $1.5 billion to an account at JP Morgan Chase, a bank approved by the court. Per the terms of the settlement agreement, Interior’s Office of the Special Trustee (OST) has assisted GCG with its database by supplying contact information of individual class members from its records.

“We will continue to work with GCG to ensure it has the information it needs to make expeditious and accurate payments,” Deputy Secretary of the Interior David J. Hayes said. “At the same time, we’re focused on making meaningful improvements to our trust administration so that we’re more transparent, responsive and accountable in managing these substantial funds and assets.”

Trust Land Consolidation Program
The Department of the Interior will use $1.9 billion from the Trust Land Consolidation Fund to acquire interests in trust and restricted lands that have “fractionated” over successive generations since the 1880s.

Individual owners will be paid fair market value for such interests with the understanding that the acquired interests will remain in trust and be consolidated for beneficial use by tribal communities. Interested sellers may convey their fractional interests on a voluntary basis. Currently, there are over 2.9 million fractional interests owned by approximately 260,000 individuals.

While the settlement was pending, Interior held a series of consultation meetings with tribes in 2011 to ensure that this landmark program incorporates tribal priorities and promotes tribal participation in reducing land fractionation in a timely and efficient way. These discussions informed a draft land consolidation plan released in February of 2012. Interior is incorporating public comments and expects to release an updated plan by the end of the year for additional consultation.

“The land consolidation program is our chance to begin to solve a fractionation problem that has plagued Indian country for decades,” said Interior Assistant Secretary of Indian Affairs Kevin K. Washburn. “We are anxious to get started. We know that Interior’s continued outreach through consultations with Indian Country is a crucial component to accomplishing truly open government-to-government communication”

Congress approved the Cobell settlement on November 30, 2010 as part of the Claims Resolution Act of 2010. President Obama signed the legislation on December 8, 2010. The district court approved the Cobell settlement on August 4, 2011 and it has been upheld through the appeals process.

For additional information about the individual class-action payments, please contact GCG, Inc. at 1-800-961-6109 or via email at Info@IndianTrust.com

For additional information on the Trust Land Consolidation Program, please visit http://www.doi.gov/cobell/index.cfm

More:

  • Page in memory of Elouise Cobell, the lead plaintiff in the case — who died in 2011; President Obama described Ms. Cobell, and the litigation, in remembering her:  ¶”As treasurer of the Blackfeet Nation, Elouise spoke out when she saw that the federal government had failed to account for billions of dollars that it owed to hundreds of thousands of her fellow Native Americans. In 1996, she filed suit, and for 15 years, tirelessly led a legal battle, with seven trials, 10 appeals, and dozens of published decisions. She fought her battle not just in the courts, but in the halls of Congress before finally securing justice for more than 300,000 American Indians and Alaska Natives in the form of a $3.4 billion settlement.  ¶”The agreement reached in Cobell v. Salazar marked the largest government class-action settlement in our nation’s history. The scholarship fund this settlement established will give more Native Americans access to higher education. Tribes will have more control over their own lands. Elouise’s tireless efforts strengthened the government-to-government relationship with Indian country, and a generation of Native Americans and all Americans has seen the promise of justice realized.  ¶”Last December, I had the privilege to meet with Elouise in the Oval Office prior to signing into law a bill to make things right. The Claims Resolution Act of 2010 is a direct result of the settlement that bears her name. It is proof of an enduring American idea – that change is always possible.”

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