By Gina Tabonares
Variety News Staff

DAVID Mair, counsel for the Government of Guam, says it is impossible to comply with the deadlines set by the court to improve GovGuam’s services for persons with disabilities.
Mair, of Mair, Mair, Spade and Thompson, responded to the third petition for contempt filed by Atty. Daniel Somerfleck of the Guam Legal Service Corporation.
Mair represents Gov. Felix P. Camacho, Department of Integrated Services for Individuals with Disabilities director Roseanne Ada and Department of Mental Health and Substance Abuse acting director Dr. Andrea Leitheiser.
Mair branded Somerfleck’s motion as procedurally and substantially defective, “insisting that GovGuam should have performed the impossible.”
Camacho, Ada and Leitheiser were sued in their official capacity in connection with the consolidated civil cases filed by four persons with disabilities: J.C., S.F., J. M. and R. A.
The federal receivership of DMHSA and DISID was thwarted when the governor created the Office of Community Integration for People with Disabilities and formed the Comprehensive Community Implementation Plan/Permanent Injunction Task Force in 2005.
The task force’s job is to ensure compliance with the comprehensive plan as outlined in a court stipulation.
GovGuam also entered into a million-dollar contract with Silverlake Behavioral Associates, a Texas-based consulting group that specializes in the assessment and implementation of standards for the Joint Commission on the Accreditation of Healthcare Organizations.
Silverlake was retained to evaluate and develop an accredited program for DMHSA and DISID.
The amended permanent injunction issued on June 30, 2005 established deadlines for the local government to meet for the following key events: a) the submission of a proposed system for implementation of a prioritized waiting list for services, including residential placement; b) the development and submission of a comprehensive implementation plan to develop community services and support that would ensure the placement of plaintiffs in appropriate living situations outside of the Adult Inpatient Units; c) the development of policies and procedures, including grievance procedures, and; d) the development and submission of a plan to implement the minimum care requirements.
While denying that GovGuam officials have not “repeatedly failed to comply with the court orders” for over 20 years, Mair submitted to amend the stipulation and the permanent injunction to “reflect realistic time frames as concluded by the independent experts.”
For the JCAHO accreditation alone, Mair said the 90-day deadline set in the stipulation is simply impossible to achieve, quoting the determination of Silverlake that even assuming that ample resources are procured, the minimum care requirements and accreditation would take three to five years.
He also denied Somerfleck’s allegation that Silverlake did not deliver its report because the local government failed to pay the off-island experts.
Mair said a total of $155,262 in payments were made to Silverlake on March 22, four days before plaintiffs filed their motion.
He added that the reports were not held in hostage but were not actually completed until March 2, 2007. He said all the evaluation reports will not be received until the end of May 2007.
Mair also denied allegations that DMHSA has been “warehousing” mentally ill patients at the Department of Corrections.
He said that until the construction of the Adult Inpatient Unit is completed in August 2007, there is simply no other appropriate facility to clinically and legally place these patients without endangering others.
He said the Special Master or the court schedules periodic status conference so that the parties may discuss their actions and concerns.
“Defendants fully intend to comply with their legal obligations,” Mair said in his opposition.
Somerfleck has until April 23 to reply to the GovGuam opposition.