It’s pretty clear to everyone by now that the sale of Otsego Manor in Jan. 27, 2014, was a mistake.
That was punctuated with numerous exclamation marks Wednesday, Sept. 12, when Focus CEO Joseph Zupnik and his chief financial executive, Daniel Herman, pleaded guilty before Otsego Town Justice Gary Kuch in the Fly Creek courtroom.
Under a plea agreement, Zupnik and Herman admitted to only one of the eight counts against them, one involving patient M.P., left in a chair for 41 hours over Labor Day Weekend 2016. The specifics, as detailed by the Attorney General’s Office, appear at right.
More serious, in that death resulted, may have been the count involving Robert Banta, former longtime county Soil & Water
Conservation District chairman, so admired that the district’s headquarters on Route 33 is named in his honor. Admitted to Focus, he fell twice the first night there, and died at Bassett Hospital a few days later.
Some may wish the penalties were harsher – avoiding jail time by their guilty pleas, Zupnik and Herman will be sentenced Oct. 10 to a term of community service, plus fines and expulsion from administering nursing homes that get federal Medicaid funding. Further, these criminal convictions should have nursing home owners who are inclined to cut corners to think again.
Still, should the responsibility for the Focus fiasco – the widely recognized deterioration of care for some of our county’s most vulnerable citizens – be left at that?
Retired banker Bill Dornburgh, a member of the county Health Facilities Corp. set up by the county Board of Representatives to shelter itself from attempts to block Otsego Manor’s sale, recalls telling Zupnik that the sale price – $18.5 million – was too high, that Focus could never cover its investment.
Dornburgh voted nay on the sale to Focus. So did two other members of the Health Facilities Corp. – Dr. Don Pollock, the retired Bassett physician, and Carol Kirkey, whose husband Terry passed away at what was still Otsego Manor in February 2013.
But the four others voted aye: county Reps. Kay Stuligross, Democrat, and Don Lindberg, Republican; Kim Muller, former Oneonta mayor and, until the end of this month, chair of the county Democratic Party; and Oneonta contractor Rick Eastman. They are certainly public-spirited citizens to take on a thankless job at no remuneration; nonetheless, they must take some responsibility for what turned out to be the wrong decision, predictably so. Dornburgh was right.
Was there simply no corporation or institution in our vast United States of America capable of effectively administering our county nursing home?
On May 15, 2013, the county representatives voted unanimously for the creation of the Health Facilities Corp., which allowed them to wash their hands of the 4-3 vote to sell Otsego Manor to Focus the following Jan. 27. Shouldn’t those men and women bear some responsibility for the eventual outcome, too?
Most of the county reps then have now moved on; the two most directly involved, Stuligross to retirement near Philadelphia, and Lindberg to election as Worcester town supervisor.
Likewise, Republicans Jim Powers, Pauline Koren and the late Betty Ann Schwerd have left the board, as have Democrats Rich Murphy, since passed away, and Beth Rosenthal, John Kosmer and Linda Rowinski.
Three remain in office today: Republicans Ed Frazier and Kathy Clark, and Democrat Gary Koutnik.
It’s been noted here before that the very nature of the Otsego County Board of Representatives – 14 members, elected by a couple of hundred people from individual districts, yet making decisions for all of us – shelters individual reps from accountability.
You can snub your nose at the 60,636 of us as long as you keep the few hundred neighbors in your camp.
The decision to sell the Manor affected all of us; yet no one – except, thankfully, Zupnik and Herman – have paid any price. This is one reason why a county executive is being considered: to centralize accountability, and thus, responsibility – blame AND credit.
Now, that barely exists.
Still, Frazier, Clark and Koutnik are up for reelection next year. If the electoral process is working at all in Otsego County, they should be challenged, and the challenger should ask: Who lost Otsego Manor?
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