Complaint·July 21, 2021

It was confirmed from today's scheduled meeting with the Ombudmsan that ballots were passed out to all residents on 6/18/2021 and were due by 7/7/2021. The ballot used was entitled "Nominations for Resident Council Meeting" and instructed residents to make their selection for each of the (4) officers listed and selections were to be written in as no names were pre-listed. The Administrator stated on 7/21/2021 that many residents expressed their reasons and discontent to her about the election not being valid and fair. The Ombudsman stated to the Administrator that if there are residents who are unhappy and/or have concerns with how the resident council is functioning, those residents can contact the Ombudsman's office for assistance and request the Ombudsman attend future resident council meetings. LPA and Ombudsman stressed that the facility role is to encourage and assist residents in the formation, operation and promotion of its council. Ombudsman provided Administrator with a copy of Rights of Resident Councils, based on Health and Safety Code §1569.157 and explained that any (2) residents can start a resident council and have the right to hold meetings without any facility staff attendance or interference. Resident (R1) who was nominated "President" stated that (13) ballot responses were received and when their follow up meeting was held on 7/9/2021, the Administrator, staff (S1) and a corporate staff member attended and disbanded the meeting, and eliminated the vote, saying that not enough residents had voted, and a new election would be needed. Residents (R1/R2) provided additional information on 10/19/2021 that at the start of the resident council meeting on 7/9/2021, the owner informed the residents that the Administrator was in charge of the meeting and staff (S1) was there to take notes . Residents (R1/R2) stated to LPA they had invited the Administrator and the owner, who indicated that his mother would probably like to attend the meeting, but they did not invite staff (S1) as they did not feel it was necessary to have her attend since she was not a manager or a person able to make changes at the facility. The Administrator stated to LPA on 10/19/2021 that both she and the owner had been invited to the meeting on 7/9/2021 by R1 but that staff (S1) attended and "took notes as a courtesy", as it had been done at prior resident council meetings. Staff (S1) stated to LPA on 7/21/2021 that corporate facility staff instructed her to be present at the resident council meeting, on 7/9/2021, to take meeting notes and because she and the Administrator were also attending. Staff (S1) further stated that multiple residents who attended the meeting were upset due to not being able to complete a ballot and not being comfortable with elected board members on the resident council. Additionally, it was learned through interviews that residents were instructed by the facility to print their first and last names on the ballots at the meeting on 7/9/2021. Based on information obtained, LPA finds the allegation " Staff is interfering with residents council meetings" to be SUBSTANTIATED- A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met. Exit interview. Copy of report and appeal rights printed and provided.