Randy Ellis
05/23/2000
Oklahoma's attorney general will no longer defend fired Deputy Health Commissioner Brent VanMeter in a civil lawsuit that alleges wrongdoing.
"This action is being taken as a result of this office's determination that you were not acting in good faith in the scope of your employment," Assistant Attorney General Robert Anthony said in a Wednesday letter to VanMeter. "As you know, those circumstances have resulted in the recent filing of federal criminal charges against you."
VanMeter was indicted by a federal grand jury on May 17 for allegedly soliciting a bribe from Wewoka nursing home owner Jim Smart. Smart also was indicted.
The attorney general's office normally defends state employees who are sued as the result of actions arising out of their official duties, and taxpayers pick up the legal tab.
However, the attorney general can refuse to represent a state employee if he believes that employee deliberately engaged in illegal acts.
The attorney general advised VanMeter to contact a private attorney to represent him in the civil lawsuit. VanMeter was told he would have to pay for the attorney himself.
The civil lawsuit against VanMeter and the state Health Department was filed March 10, 1998, by Floyd K. Propps, an Oklahoma City attorney who has served as receiver and temporary manager of nursing homes.
In the lawsuit, Propps accuses VanMeter of forcing him out as temporary manager of Choctaw Living Center because Propps had reported to state and federal agencies that VanMeter was "permitting the facility to operate in an unlawful fashion."
Propps claims VanMeter is a close personal friend of former Choctaw Living Center operator E.W. "Dub" Jiles, who is also under investigation by state and federal authorities.
The lawsuit alleges VanMeter became upset when Propps refused to pay Jiles money that Jiles believed he was owed by Choctaw Living Center.
VanMeter also became upset because Propps replaced Judy Cochran as administrator of Choctaw Living Center, according to the lawsuit.
Cochran was a health department employee with regulatory responsibilities over nursing homes. She was on leave while serving as Choctaw's administrator. Propps replaced her after learning she was not a licensed administrator and was serving in violation of state and federal law.
Propps also claims he uncovered fraud.
Propps "contacted the previous administrator and learned that without the previous administrator's knowledge and consent, the facility had been using the previous administrator's name and license number in reports to the Oklahoma state department of health and other agencies to demonstrate the facility's compliance with laws requiring employment of a licensed nursing home administrator," he said in the lawsuit.
"Erroneous staffing reports indicating a higher number of staff than that actually employed had been submitted to the Oklahoma Health Care Authority on behalf of the facility by Cochran," Propps claims.
Cochran could not be reached for comment. Propps said he informed the FBI of improprieties .
Federal and state agents served search warrants May 2 on several health department offices, including those of VanMeter and Cochran.
VanMeter was later fired. Cochran and several other department employees involved in nursing home regulatory activities were suspended with pay.
Federal prosecutors have said their investigation is ongoing and they expect more indictments.
CONTRIBUTING: Staff writer Nolan Clay
© The Oklahoma Publishing Co. and its subsidiary, Connect Oklahoma Inc.
Article may be downloaded for personal use or research but not for distribution.
PHOTOS may not be downloaded without written permission from The Oklahoma Publishing Co.