CLEVELAND — As expected, recently fired MetroHealth CEO Dr. Akram Boutros has filed a lawsuit against his former employers, specifically MetroHealth's Board of Trustees and its chair, Vanessa Whiting.
The move comes after Boutros was terminated last week amid allegations of misappropriation of funds.
Here is the statement in full from Boutros' attorney Jason Bristol regarding the lawsuit:
"In response to the wildly reckless, illegal, and damaging actions to the reputation of MetroHealth and Dr. Akram Boutros, he has filed a lawsuit in the Court of Common Pleas detailing multiple violations of Ohio’s Open Meetings Act and the MetroHealth System Board of Trustees Bylaws by the MetroHealth Board and its Chair, Vanessa L. Whiting. The suit is the result of an investigation that clearly demonstrates the wanton disregard for Ohio’s Open Meetings Act and the Board Bylaws by its Board and Chair Vanessa Whiting in both the hiring process for the health system’s new CEO and the so-called investigation of Dr. Boutros’ compensation.
"The lawsuit requests declaratory and injunctive relief to void the actions taken by the Board in violation of the statute and to require the Board to comply with its requirements in the future. Specifically, we are asking the Court to nullify the unlawful investigation of Dr. Boutros and to nullify Dr. Boutros’ termination for cause as The MetroHealth System’s President and Chief Executive Officer.
"The lawsuit further sheds light on how Chair Vanessa Whiting and the Board retaliated against Dr. Boutros and used the investigation into Dr. Boutros’ compensation as a weapon to damage Dr. Boutros' reputation and provide cover for the Board’s pattern of violating Ohio’s Sunshine Laws. The defendants have taken these actions without concern for the impact on the institution, the employees of MetroHealth or its patients."
Read the full lawsuit below:
On Monday evening, MetroHealth released the following statement from Whiting in response to the lawsuit:
“We’re disappointed, though not surprised, that Dr. Boutros has filed a lawsuit. His allegations are little more than a distraction from these fundamental facts: That he awarded himself nearly $2 million in bonuses without proper review or authorization and that he concealed those payments from MetroHealth’s trustees and the public.
“We are confident the board acted in accord with Ohio law, but no one should lose sight of the irony that someone who for five years actively cloaked his actions is trying now to recast himself as a champion of sunshine.
“We will file our response in due time, but urge everyone to read the Tucker Ellis report that resulted from the investigation we launched into Dr. Boutros’ actions. It speaks for itself.”
In an interview with 3News' Monica Robins last week, Boutros said the allegations against him are the result of his role as a "whistleblower" during the process of MetroHealth's hiring of his successor, Airica Steed. Boutros says that the allegations against him -- which include $1.9 million in undisclosed bonuses paid over a four-year period beginning in 2018 -- only came after he expressed concern that board members had violated Ohio's sunshine laws by deliberating Steed's hiring and signing agreements outside of public meetings.
“It's because I became a whistleblower. I tell them that these [deliberations] are problematic. A week or so later, they start with this. I find out there are contracts that are signed that are unauthorized. I tell them about that. It escalates again," Boutros told Robins. "So in my mind, this is pure retaliation."
Boutros was set to retire at the end of this year.
Asked about potential criminal charges with the Cuyahoga County Prosecutor's Office reviewing the situation, Boutros stated, "I don't believe I've done anything criminal," adding that he has also been in contact with the prosecutor's office regarding his concerns about sunshine law violations.
On Friday, Nov. 25, Vanessa Whiting released a statement on behalf of the MetroHealth Board of Trustees:
"We recognize that the public and media organizations want more details regarding the basis for the Board's decision to terminate Dr. Boutros's employment. MetroHealth has determined that the investigation report prepared by Tucker Ellis LLP at the Board's request is not covered by attorney-client privilege, although it is attorney work product. To the extent we need to waive the limited work product privilege to release the Report broadly, MetroHealth hereby does so, without waiving any other privileges to which it may be entitled."
The full report was posted by MetroHealth which can be viewed below:
Editor's Note: 3News' Monica Robins, Tyler Carey, Ben Axelrod, and Ryan Haidet contributed to this report.
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