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_I problems at the hospital require a meeting and an airing out. They have no particular agenda for today but are here to talk about the issues, answer any questions that come forth, and give as much information as they can about what they are doing and what they plan to do in the near future. commissioner Macht noted that Agenda Item 2 involves discussion of the Hospital District Board of Trustees revisiting the contract with Indian River Memorial Hospital, Inc. He believed this item has been stimulated by all that has gone on in the press relevant to some proposals that were made to conduct a significant part of business out of public scrutiny and in violation of their contract which calls for the Sunshine Law to be observed. There are some other aspects that indicate that perhaps the present and previous Trustee boards have delegated, through contract, more power than is appropriate to the IRMH, Inc. Board of Directors. Commissioner Eggert asked the Trustees' attorney to comment on the effect on our county as a result of the Palm Beach County vs. Everglades Memorial Hospital case. Attorney Alan Polackwich understood there have been some comments that as a result of that case our documents to our hospital are invalid or unconstitutional. He frankly didn't think that anybody can say that. It took them 5 years in that case in two different courts to determine that those documents were invalid. The Circuit Court held that the documents were valid; the 4th District Court of Appeal held that they were invalid because the Hospital District had given up too much control. Our documents are not nearly as extreme as their documents. Their documents are pretty unusual. Our documents are more typical of 40 hospitals in Florida that follow the same general format that we do in leasing a public hospital to a nonprofit corporation. Attorney Polackwich felt, however, that the Everglades Hospital case -certainly raises the question about our documents. If we are going to deal with that question, the Legislature has to clarify F.S. Section 155.40 and they are working on -it at this time. Regardless of what happens to that bill, we still have a question. Since the Supreme Court decided not to hear the appeal from the 4th District Court of Appeal, he has advised Chairman Montuoro that he feels our Board of Trustees needs to make some changes in our documents to eliminate any questions that may linger as a result of the Everglades Memorial case. Commissioner Macht asked what specific questions it would eliminate, and Attorney Polackwich believed it would answer the control issue. 2 MARCH 21, 1996