This is to follow up with my last e-mail to you last week regarding to suppression to small residential care home operator, abuse to elderly dependent residents, harassment to residential home owner, violation of the practice of title 22, abuse of government regulatory power, Deceiving practice in government agency, keep public away from the true and democracy to obtain individual benefit, conspiracy between the department to achieve individual interest by Department of Social Service lead by Charles Boatman and Community Care Licensing lead by Susanne Roman Clark.
Last week, March 21, 2011, I talked to Charles Boatman on the phone at 10:30am, time he set, I told him that I would like to get his denial letter as soon as possible because I prefer to get a letter from him in writing. I went to the school site, 4200 California, Ste 101, and San Francisco, CA 94118. The proposed school site since 2009 application, and there was no letter from him as of March 28, 2011 last Sunday.
I remembered, last time he sent me a denial letter by Registered Mail in November 2010. I went to the post office to pick it up and it was address to a woman who lives in Fresno, applied for care home administrator but was denied for failure to pass the criminal background check.
I remembered, last three ways conversion with Tom Shekta the retired and former dept chief of DSS who fraudulently, deceivingly made me believed that he was representing the dept to talk to me with his former subordinate Charles Boatman, manager of DSS Licensing and Certification unit, this was an appointment date arranged and set by Tom Shekta.
In that conversation, he told me that he would let the Administrative Law Judge to settle our problem and hang up.
Since that conversation, I waited, and waited. Nothing happened. I checked my mails to my proposed school site. My school was ready to go since 2009 with San Francisco business license for 2009 and 2010 but I had never been approved to teach. I was unjustly and unfairly barred from the program by these dept by their criminal act of fraud. They tried to get rid of me like bugs since 2006. They made more and more mistakes to hurt me and my elderly dependent resident. Their criminal acts spread to their other department in the State of California Government. Who supposed to service us the Californian tax payor. I called Boatman to follow up on the application for administrator status that they had put a hold on for as long as 2 year and another 2 years. Boatman would tell me that I am consulting another State lawyer. The result of the story for that incident was that. He totally forgot that he supposed to send me the administrator certificate because I did everything right, I renewed on time and I have no deficient practice as an administrator and most important of all I paid my fee and they has already cashed the fee 2 years ago as evident of my returned bank check as I have requested from my bank record. Boatman told me to re-send all the documents for an investigation. I told him that we just completed the investigation 3 months ago and you told me that you would send me the administrator certificate. Then, I waited for 3 months until today. I was calling Boatman up to follow up. I never received your certificate. He insisted the documents and I sent again. The CEU course records, the returned bank check for fee paid and my administrator renewal documents. It is all within the time required and valid. It was only that the department didn't send me a certificate to show that I am an administrator which is required in display in my facility. The irony was that he told me that the department would send me a 2007 certificate in 2009 for the last 2 years that they didn't send me the administrator which they supposed to. Boatman told me that your administrator status for 2007 to 2009 and would be expired in 2 weeks. I needed to renew and get the CEUs and pay another fee for the new 2009 to 2011. I have never been an administrator for one day and immediately upon receiving their newly printed administrator certificate. I have rushed for a renewal. During these 2 years, I had been waiting and waiting no one tell me why. I called and called to the department of Social Service to follow up. My response was that you are not on our record. Your name is not on the list. Etc. No one could tell me why. Instead of waiting any longer, I hired an administrator to my facility and hang her certificate out in my facility for the next 2 years. I have never gotten an apology from the department of social service but more and more retaliation and suppression to shut me up and shut me out and shut my facility down.
It is a System Failure and not a discrete incident. In the meeting of CEU classes, we talked to other administrator and they shared the same experience. Administrator warned each other for mistake from the department which resulted in costly damage and endless retaliation and harsher repercussion.
Right now, I have 6 elderly to place in other residential care home and my employee would lost her home (she was a live in) and would become unemployed. One sent me e-mails and other called me 20-30 times a day in his cell phone. They wanted to know what happen and they were very nervous, paranoid and depressed. I am very depressed too. I felt very hopeless and helpless. My elderly dependent resident has done nothing wrong to desire this. If Community Care Licensing didn't like me, then search me not my resident dependent resident in their care home. After tangling with this heartless and shameful administration in these departments, I gave up. I was verbally informed of denial again and one more time in all these years since 2006. I was choked at throat with my tear because after our 3 ways conference with Boatman and Shekta in December. Shekta said that he would let the Administrative Law Judge handle this but I have never heard back from Boatman again via phone or mail to my vacant and ready to go anyting renal school since 2009. I called Boatman after 2 months to follow up on the adminstrative law judge suggestion. It appeared that Boatman had done nothing in the administrative law judge deal as Shekta told me that what they were going to do in the 3 ways conference in Dec 2010. Shekta retired and Boatman suggested that he would let a new analyst to look at my curriculum outline and I agreed and I, more so than anyone wanted to settle this, all I wanted was to be a vendor since 2006. I communicated with Alan Elner and he wanted this and he wanted that I did what he wanted me to do. He put his report to Boatman's desk for final approval; he told me that he had approved my course. Boatman set a phone call date and time as he always do but deferred and deferred until March 21, 2011. Just about one week prior to this phone called Community Care Licensing came down to gave me a $22460 dollars fine and gave me a 150 dollar fine a day would be collected by small claim, wage reduction and IRS, if I don't pay. I talked to Susanne Roman Clark, now the office only operate form 10am to 2pm. I told her you gave this fine meaning that you want me to close. Clark said that "this is what you said not me". I am their target. All of these goverment workers have name@dss. ca.gov as their e-mail. In terms of title 22 and curriculum development and knowledge wise, I don't think Alan Elner know the subject as well as I do and I don't think Boatman know anything at all. I am a health care facility surveyor and evaluator nurses for both Federal and State. My facility is still on Community Licensing Website facility search, I never had probation and no suspension and my facility stay clean on the list, I am a clean administrator. DSS put my administrator status on hold because they denied me for vendor not because I was a bad administrator. As of today, in their record I am still a good valid administrator with my certificate hang in my facility. It was the department who approved me. If they said that I am bad, I am not qualifying after 6 years of operation and I am full house in my facility. Shouldn't they come to remove my administrator status and deleted me from their list. Now 6 elderly residents lost their home due to department retaliation. These elderly had done nothing wrong. I talked to Alan Elner the new analyst who wanted me to do this and change that on my curriculum. Elner address Charles Boatman as "Charles". Elner said that he got nothing to do with the decision. The decision is on "Charles". I told him on my website www.RCFE40.webs.com one part of it said Instructor Qualification, did he click to see that there would be more than one instructor. I have listed CV of Dr. Aung who was a current Adult Facility Administrator and Residential Care Facility Administrator experience and certifications for different care facility including Home Sweet Home in Daly City and College Instructor on Allied Health Care classes. Elner said that it doesn't count because they denied me because I am the applicant. My name is on the application. Thank you very much. That told that the dept really doesn't have the interest to approve me because of me. I am the black list applicant. This assured me with the retaliation suspicion. Ombudsman had good report on my facility. The problem call was the last time Charles Boatman schedule himself to talked to me on July 6 at 10:00am, and Community Care Licensing from San Bruno office came to “raid” my elderly resident and my care givers room, search every drawer in their dresser. Look under the bed, count each sheets on bed. And count the number of pills, noted these licensing searcher analyst was not nurses and pharmacist; she had no business to take the residents’ pills out of the original container and re bottle pills afterward. They didn’t use clean gloves, as in infectious control and contamination and they didn’t wash hand before and after the count as I told Susanne Roman Clark. Analysts are not licensed to take the pills out, count them and return them to the bottle as in dispensing medications. This search without a court warrant to elderly private citizen’s home was OK per Susan Roman Clark, it is Ok for them to do this as soon as my care home open for business, elderly citizen had automatic lost their private citizen civil right in our November meeting 2010 in her office in community care licensing, San Bruno. I told Clark that I wish that CCL had told us that, Lack of inform consent or disclosure of their licensing right and our private citizen right and protected dependent resident rights. If I told those alert dependent residents that they would have to gave up their private citizen civil rights to live in my house they would be under our daily protection and care who would want to live here and call this their home. In this case, licensing dept is the abuser; I was not able to protect my residents under our care against the abuser community care licensing. My elderly residents are all alert and they are all very angry with the licensing search into their personal belong. Our facility had never done that to them. A stranger analyst came one afternoon at 3pm, as my resident told me, from licensing had done it in their home and my facility. I questioned about the protocol. Analyst didn’t have a visible ID on her. Analyst never introduced herself to the residents as my residents were all alert and oriented x4, all native English speakers. They watch out for each others and they were good friends of each others for the past 6 years. My residents were treated as demented and dysfunctional, disable but in fact they are all ambulatory, no one use wheel chair even thought we are ADA compliance, licensed for 6 non-ambulatory residents. I could deal with this anymore. I quit. The Devil won. What kind of democracy we learn in the United State of America? There is no justice in here. Justice is what the authority says.
The past visit pattern from licensing:
Audrey Jeung came to inspect facility two times with no fines, since business opened in 2005
2 years absence from Community Care Licensing
Charles Boatman set day on July 6, 2010 at 10:00 am
Community Care Licensing from San Bruno Audrey Jeung came on June 30, 2010 at 3pm
100 dollars fine and 1000 dollars on that day stated that no fingerprint from the caregivers.
Yes, they have fingerprinting in the facility on that day.
Paper submitted and San Bruno, I submitted a plan of correction
I tried to pay the 1000 dollars to settle the fine so I could continue with my business
Audrey Jeung came and gave me a 5700 dollars of fine for 100 dollars a day fine.
They never get back to me. No phone calls, no letters and no e-mails
Met with Audrey Jeung and Susan Roman Clark on November 2010.
They never get back to me. No phone calls, no letters and no e-mails
Recently I received e-mail from my syl57via@yahoo.com fingerprinting confirmation from Community Care Licensing in San Bruno on 5 caregivers with fingerprinting. They are all background check and cleared.
Charles Boatman denied my application
Wrong and confidential denial letter for other applicant sent to me.
In December 2010, Shekta, Boatman 3 ways conference, Shekta said that Administrative Law Judge will take care of me.
After 2 months, I followed up with Boatman because I never got or heard anything about the meeting with the Administrative Law judge.
Boatman offered to have a new analyst in his office, Alan Elner to look at my application
Multiple revisions on format Elner wants but unrelated to the content.
I followed up with him closely. Finally, he told me that the package is now on Boatman’s desk for approval.
Boatman deferred our phone meeting several times because he was in a meeting himself.
Audrey Jeung Community Care Licensing from San Bruno came again on March 18, 2011, delivering fine of 2100 dollars, 5700 dollars and 22460 dollars and 150 dollars a day of fine for we are doing a good job to protect resident rights and taking care of their residents. This was the same time frame that was set by Boatman, about 7 days from talking to Boatman, Audrey Jeung came. My residents were so frightened to see her. After the meeting we had, CCL had never changed for better; it even got worse each time. Susanne Roman Clark told me that their dept had 4 counties to cover and now their working hours are from 10am to 2pm as stated in the phone message. If they had been absence for 2 years from the facility for no fine, no action, why they showed up in such timing?
100 dollar a day or 150 dollars a day fine for resident was harmed, injured and dead in the facility. No one fall in my facility. One thing you could be sure was that what ever the problem they claim it is. There is no urgency in the facility that needed to be corrected. Community Care Licensing departed to a care home on call from Dept of Social Service, ordered by Charles Boatman, he is the master mind of the conspiracy and plot.
Final date of the meeting set on March 21, 2011 at 11:00am. I wanted to know the result because I want to hear a different outcome than what Boatman told me. I wish that I was wrong. If they approved me than I was wrong, all this happen in my care home was not related and it was not a conspiracy. It has only been my suspicion but I was re-assured by Boatman’s denial. Boatman said that I am not in compliance. I couldn’t be their vendor. I was really expecting this outcome of denial because I knew that I was right in the beginning. I was not a bad administrator. Since all my residents are ambulatory and alert and oriented, I don’t need to be there to cook, to clean, to do laundry and answer the phone. I kept telling Susanne Roman Clark, you cannot measure every thing with one ruler, because we are apples and oranges. My residents were not demented and dysfunctional. They knew what is going on and they are very smart. They went out to shopping mall to window shop. We are not hospice and we are not alz unit and don’t treat us like one. She never listens.
IBoatman offered me to withdraw and Shekta offered me to quit. I told them it is not the money I spent and you cashed. I may be poor but more important it is the amount of work that I have done and this time revision after revision in format not content. I choked in tear because of the fact that they have cut off hope, offer hope and cut me off again and again since 2006. I am serious of my job and what I do. But they are not, they don’t care. I will never been fairly judge. I must close my facility because I will not survive anymore torment from them for now on. I am exhausted and depressed.
On March 21, 2011,I told Boatman to sent me a letter as soon as possible because I want to get it in hand writing.
As of March 28, 2011 (Sunday) I went to my vacant rental school, proposed teaching school site since 2009 to check on my mail but I didn't get any letter from him and there was no registered mail sticky notes on the door. According to my experience, I have to see it to believe Boatman. Even what you receive could be wrong.
If they get by this time without any consequences, they will become worse by their triumph and your encouragement.
This involvement with the dept started in 2006 to March 21, 2011 last phone conversation with Charles Boatman
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