Commissioners find Eastern Rio Blanco County Health Service District change to seven‑member board does not materially modify service plan

A member of the public urged commissioners to restore the Eastern Rio Blanco County Health Service District (doing business as Pioneer Medical Center) to a seven‑member board, saying voters approved a seven‑member board when the district was created in 2006 and that prior attempts to reduce membership lacked legal authority.

Bobby Gutierrez, who spoke during public comment, said he and others are concerned that the district moved from seven to five board members in 2021, and he asked the county to appoint the next highest vote‑getters from a recent election to restore a seven‑member board. Gutierrez described court filings and dates; those are his assertions from public comment and were not adjudicated at the meeting.

Later in business, a commissioner moved to consider whether the certified copy of a resolution from the Eastern Rio Blanco County Health Service District increasing its board from five to seven members constitutes a material modification of the district’s approved service plan under Colorado law (C.R.S. 31‑1‑902.51(b)). A commissioner explained the county’s legal review: a court declined to grant the earlier motion filed by the district’s counsel, and the county’s records indicate the board‑size change was handled through bylaws and other filings rather than through the election process some statutes require.

The commissioners said their review concluded the change did not materially affect the district’s recorded service plan and that, under the statute the district’s lawyer relied upon, the process used by the district did not give the county authority to appoint members instead of holding an election. The board voted to approve the county action under the cited statute.

Why it matters: The decision affirms, for county record, that the certified resolution increasing the hospital district board to seven members does not constitute a material modification of the district’s service plan as filed. Commissioners noted limits on the county’s authority under the statute cited by the district’s counsel, and they said election procedures would control any change that requires an election.

What was not decided: County officials said the county’s finding does not itself appoint new members to the hospital district board or direct the district’s internal board actions; it only addresses whether the certified resolution is a material service‑plan modification for county record.

Votes at the meeting: The motion passed by roll call. Commissioners present recorded affirmative votes; the clerk recorded the motion as approved.