8505847148 TO: 5842619 P.

2/3
FEB-07 - 2en5 17: 00 FROM:SMITH, SMITH &MOORE

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-~ SMITH, SMITH & MOORE \~-

Attorneys at Law, P.A.

A Professional Association Qf Anorneys and Coum;elors at Law
Michae1S. Sllith Dedicated to Client Service 411 N. Washington Street'!
Stephen A. SIrtith,P.A. Post Office Drawer 579
G. Cline M()(re Perry, Florida 32348

(850) 584-3812 Phone

(850) 584-7148 FIlA
To1l1~rec: 1-877-269-9839
W~bsit&:www.smithandmoore.lawotJice.com
February, 5 LOU'

.vir. Wi11iamBrynes
,:ity Manager
':ity of Perry
:>.0. Drawer 1907
. >erry, Florida 32348

Rc: City Appointeesfor Doctors' MemorialHospital,Inc.

=)ear Mr. Brynes:

I have been instructedto write to you in response to your correspondenceto Mr.

1UchardBrown, Interim Chief ExecutiveOfficer of Doctors' Memorial Hospital, Inc.,
(onceming the City of Perry's proposed representativesto the Board of Directorsof
1)octors' MemorialHospital, Inc. t!:.

Although the Hospital appreciates the City's prompt and diligent action on this
Tlatter, we have some concerns that the two (2) proposed nominees proffered by the City
will not comply with the inter-local Agreement entered into by the City of Perry and
J )octor's Memorial Hospital on August 2, 1999.

Specifically,the relevant languageof the Agreement states:

"2. DIe lvfunicipality shall be entitled to the appointment of two (2)-members

LOthe DMH Board o/Directors. The process for appointment of members shall
be asfollows: Upon execution of this agreement. the MUNICIPALiTY :,'hall
appoint Ron Stephani and Malcolm Page LOthe DMH Board. The term qf the.'\e
appointments shall be five (5) years. In the event either of these positions should
become vacant, or upon conclusion of the terms, all subsequent appointments
shall be a.\-.follows: Each appointment shall be made (rom three (3) names
submiJted for each vacancy to the MUNICJP ALITY bv the DMH Board of
Directnrs" (Underlined portions mine for emphasis)

On January 5, 2005, the Chainnan of the DMH board of Directors, Mr. Wayne
J mes, sent a letter to the HonorablePam Feagle, Mayor, in which the Hospital submitted
t'vo (2) lists of three (3) prospectivenominees,one for each vacancy as required by the
~ greement Three (3) names were presentedto the City for the vacancy of Ron Stephani,

Residential ,~Commercial ~1 Eswe Tran.uctions -TItle Insurance- WiUs.1'Nsls & Estate Planning - Probate &:Administrationof
Ertates - Accidents, Personal Injury & Wrongful Death . Family Law -Corporate &.Business Law, - Mediation

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FEB-12!7-2I2U5 17:121121 FROM:SMITH,SMITH &MoORE 851215847148 TO: 5842619 P.3/3

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11lr.William Brynes
February 5, 2005
1'age 2

Hld three (3) namcs were submittedfOftbe vacancy of Malcolm Page. The proper
I'rocedurepursuant to the Agreementwas for one (1) nominee to be chosen by the City
1rom each Jist of the two (2) lists proposed by the Hospital. However, the City chose its
1wo (2) nominees ITomonly one (1) of the lists, both from the list of nominees chosen by
the Hospimlfor Ron Stephani's vacancy.

Although this was most certainly an inadvertentoversight on the part of the City
jn making its recommendations,wc fcel that the selectionprocess was not in compliance
, viththe AgreementbetweenCityof PerryandDoctors'MemorialHospitaLTheproper
course of action would have been to nominate one (1) representative fTom each of the two
t2) lists provided. Not only would this accomplish the intention of the parties'
j~greement,it would also allow increased facilitation for the new members into their
I'ositions on the Board of Directors for DMH.

Doctors' Memorial Hospitalis gratefuland appreciativeof the support, patronage

:lld aidprovided by both the City of Perry and Taylor County. We are also thankful of
1tieinterest and time put forth by both agenciesin assistingin t~-$election of the
]fospitaI's Board. While Doctors' MemorialHospitalwould welcome any nominees
~ubmitted,subject to the By-Lawsof Doctors' MemorialHospital, we must make certain
t!tatall provisions of the controllingdocumentsare followed correctly. We would
Jequest that the City of Peny re-visitthe nominationprocess and choose one (l) nominee
Irom each of the two (2) lists submittedby the Hospitalto assure compliancewith our
, \.greement.

Doctors' Memorial Hospitalthanks you for your aSs1stance and support, and looks
Jorward to working with the City ofPeny to prov1de the best qua1ity healthcare for all
litizens of our communityfor years to come.

I look forward to working with you on this matter. Please call my office if you
Ilave any questions.

Sincerely,

Cline Moore
Counselfor DMH
(}CM/pac
Cc: WayneJones
Richard Brown

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