Hospital Board Attempts to Sue Over ‘Nurse’ Listing on Ballot

In an unusual legal maneuver, an Escondido-based hospital district board asked the state attorney general’s office Wednesday for permission to sue to keep a home health aide off the board of directors.

The application by the Palomar Pomerado Health System board is aimed at Nancy Scofield, who critics say misrepresented herself on the Nov. 6 ballot by listing herself as a nurse.

Scofield did so, even though she had never been licensed as a nurse. She was a home health aide, which has no licensing requirements.

In order for a public agency to sue a public official, it must gain the permission of the attorney general’s office because the agency then represents the people of California. But it is so rare that an agency sues one of its own directors that it remains unclear how much the board must prove.

Even the attorney general’s office isn’t sure who must show what.

“It hasn’t come about frequently, and certainly not lately, and I’m not certain to what extent it has occurred in the past,” said Rodney Lilyquist of the attorney general’s San Diego office.

Scofield’s attorney, Timothy Rutherford, maintains that the board will have to prove that the listing as a nurse unfairly made a difference in the election.

Scofield placed second in a field of a dozen candidates in an election in which the top four finishers won seats. Scofield garnered 34,217 votes, and the highest losing candidate received 23,506 votes.

“You have to prove that one out of every three people who voted for her . . . would not have voted for her,” Rutherford said.

Robert Teel, attorney for the hospital board, declined to give his views on what the district must prove.

“I suppose a judge would look at what was the candidate’s reliance on this title, was that the major point of her candidacy, was that her platform,” Lilyquist said.

“We’d look at their campaign literature, possibly the other side’s campaign literature, you look at what has been the pattern in the past of people in this type of position (whether it has) basically assured them of election or not, and they may have to provide some affidavits from the electors on the basis of their votes.”

The district board, in a complaint filed at the district attorney’s office, said every candidate, with the exception of incumbents, that has identified his or her occupation as either physician, registered nurse or nurse has won election.

Scofield has insisted that she relied on her community volunteer experience and support from local organizations in her campaign. She ran with the endorsement of the Pro-Life Council, which distributed lists of anti-abortion candidates before the election. She also has claimed that the word nurse is a generic term.

Members of the California Nurse’s Assn. have deplored Scofield’s use of the term nurse, but Rutherford said it is a general term that does not imply a licensed person.

“I didn’t run on my medical or educational qualifications, I ran to represent the common, average, hard-working taxpayer,” Scofield said.

“This entire sad affair has been thrust upon the community by a very vocal minority of people, a few disgruntled losing candidates and a handful of others,” said Scofield. She said it is “a non-issue” that has been blown of proportion.

But Beverly Eastland, who also was listed in the application to sue, said the affair is very significant.

“She lied. She perjured herself, and when she raised her hand and swore to tell the truth and did not tell the truth, it took votes away from other candidates,” said Eastland, who has run for the board twice but did not run this year.

“If they allow her to use the general term nurse, then I can tell you the next time I file, I’m going to use the three generic terms doctor, nurse and veterinarian, “ Eastland said.

Eastland said she is already prepared to initiate a recall effort, if and when Scofield is sworn onto the board.

The health district board, in a Nov. 19 meeting, urged Scofield to surrender her seat, and, after two weeks of consideration, Scofield said last Tuesday that she would continue to fight for her seat.

Scofield, who was to have been sworn in Friday, has agreed to not take the oath of office until all legal challenges have been resolved or Jan. 31, whichever comes first.