The math isn’t mathing. Was Dr. Medlock’s removal a cover for State government budget issues?
The timing and impact of Dr. Medlock's unjust removal without cause raise questions about whether there was a deliberate distraction from CDHS budget gaps. The sudden resignation of key leaders, examination of public documents, information from the Justice For Medlock (JFM) network, and false media narratives raise further suspicions that something is amiss.
JFM hopes this is not the case because our hearts are with the people of Colorado who need and depend on behavioral health services. However, JFM is managing our hope as it can be easier to destroy others rather than take a hard look at ourselves. The possibility of Dr. Medlock being a scapegoat for a mismanaged budget or the Polis Administration running out of funds must be examined.
On June 6, 2023, the Colorado Department of Human Services (CDHS) submitted a supplemental budget request letter to the Joint Budget Committee for an additional $13 million to ensure payment of staff at the state Mental Health Hospital in Pueblo. The public filing can be found here: https://drive.google.com/file/d/1giqzjS9nIKSugb09ZWzLq6rwSifOtS-x/view.
According to the letter, this unresolved gap could result in the State closing units to people who need them to receive services and increases CDHS’s risk for fines due to a prior lawsuit and consent decree for the growing competency restoration waitlist. There were 448 individuals waiting on this list as of the last day of April 2023.
For context, “competency restoration waitlist” refers to the number of individuals who are not allowed to stand trial due to a mental health concern - but are held under correctional supervision until their competency is restored. Their ability to prove this is usually done by attending a state-run or state-contracted mental health facility.
The budget request letter includes background information suggesting that significant overspending on temporary staff occurred at the state hospital in Pueblo. Page eight of the letter states that “the projected $13,067,628 deficit is calculated using actual expenditure data through April 2023 as well as all anticipated expenditures through June.”
JFM interprets this statement as the gap was not proactively identified and the agency risked further court action that could “hold CDHS liable for the entire annual fine amount [relative to the consent decree], which would be about $4.0 to $6.0 million per month [supplemental letter, page 3].”
In short, CDHS is responsible for the funds and could have to pay millions to correct this. So why does it appear that Dr. Medlock is being blamed for their situation?
The projected deficit was calculated in April - the same month of Dr. Medlock’s removal. On April 17, the Governor’s Office announced that Michelle Barnes was replacing Dr. Medlock, effective immediately. Dr. Medlock’s role as BHA Commissioner did not include oversight of Colorado state mental health hospitals nor was she responsible for addressing the consent decree, yet Dr. Medlock was removed under a shroud of public allegations of turmoil at the BHA falsely attributed to her leadership.
Initial media coverage of her removal included the issue of the state hospital workforce deficit. This issue was not connected to Medlock’s responsibilities despite the media’s insistence, leading JFM to wonder if false information had been shared by those in power.
In an April 15, 2023 investigative piece, Chris Osher of The Gazette, published findings related to state mental health hospital shortages, spreading the misconnection of the funding gap to Dr. Medlock’s leadership of the BHA.
Osher wrote, “But the $61 million that went to the new Office of Behavioral Health Administration to bolster clinical staffing still hasn’t fixed shortages at the state’s two state-run hospitals for the mentally ill in Pueblo and Fort Logan”.
Then on April 18, 2023, Marianne Goodland of Colorado Politics cited Osher’s misconnection in her coverage of Dr. Medlock’s removal. Colorado Politics later had to publish the following correction:
Editor's note: An earlier version of this story included reporting on millions of dollars spent by a related agency that so far failed to improve clinical staffing at the state's two mental hospitals. This story has been updated to delete the section.
On April 22, Vince Bzdek of The Gazette published coverage of Dr. Medlock’s removal, using information from Osher’s original story. Bzdek’s article assigns blame to the BHA for mismanaged funds outside of the Administration’s oversight and scope. This article uses Dr. Medlock as a scapegoat for state hospital budget issues that are actually CDHS’ responsibility:
The (BHA) has been marked by controversy ever since it was born. Most recently, reporting by The Gazette’s investigative editor Chris Osher revealed the office of Human Services spent $61 million to improve clinical staffing at the state’s two mental hospitals, resulting in the hiring of just four nurses.
Most of the money went to other purposes, including “grants for improving the workforce of community providers, repaying loans for behavioral health care providers, expanding peer support programs and other initiatives.”
The investigation also revealed that with almost half the nursing positions at the two hospitals in Pueblo and Fort Logan vacant, “more individuals than ever are languishing in jails cells in Colorado while they wait for court-ordered mental health treatment to restore them to competency so they can stand trial.”
As of last week, according to Osher, “449 individuals incarcerated in jails in the state were in need of restoration treatment. The wait list reached an all-time high last month, despite state officials promising three years ago that nobody should have to wait in jail for more than 28 days for mental health restoration if they’ve been deemed incompetent for trial.”
The Behavioral Health Administration was supposed to fix all this.
The media seems to have the wrong information. Did anyone in power attempt to correct the narrative for Dr. Medlock and reduce the harm she was experiencing? JFM is not aware of any disputes of the false claims from either CDHS or the Governor’s office, which could mean they intentionally want the heat to stay on Dr. Medlock.
The JFM collective feels powerless to share truths about the harm and oppressive nature of Dr. Medlock’s removal. It is exhausting to seek justice for racism when many people are silent. A lack of listening and empathy is a form of oppression.
JFM has questions and the people of Colorado deserve answers.
Was Dr. Medlock’s removal and public disparagement a smokescreen to distract from a CDHS budget deficit, leaving the Governor at risk of not being able to pay for and act on the critical behavioral health initiatives that his campaign promised?
Was Dr. Medlock the scapegoat for a Polis Administration that had actually run out of money or mismanaged funds? A JFM source and Colorado political insider, anonymous due to fear of retaliation and harm, shared that the, “Governor didn’t have enough money to pay for his initiatives” and Dr. Medlock was sacrificed. This type of scapegoating and behavior towards Black-identifying leaders is well-documented and researched.
Is the sudden resignation of the Governor’s Budget Director, effective June 20, 2023 indicative of or connected to a potential budget crisis?
Why did the former BHA Chief of Staff, Andrew Rauch, suddenly announce his resignation on June 5, 2023? The BHA has not announced the resignation in any public-facing communications. The BHA Chief of Staff had previously resigned under Dr. Medlock’s leadership, decided to remain in the role after Dr. Medlock’s removal, and then resigned again effective immediately on June 5, 2023.
Gathercole and Rauch’s resignations under Medock’s leadership sparked an unfair and biased narrative about the loss of BHA key leaders that became fodder for criticism of her leadership, yet at this time Interim Commissioner Barnes has lost the same number of key leaders, Chief of Staff Rauch and Deputy Commissioner Maycheco flagging another dangerous double-standard.
Why was Deputy Commissioner Gathercole reinstated by Barnes, after Gathercole’s resignation under Medlock? In her capacity as Deputy Commissioner reporting to Dr. Medlock, Gathercole had oversight and authority over the BHA’s financial operations and funding.
Why were critical BHA timelines moved back, immediately upon Dr. Medlock’s removal? Was this an effort to communicate sensitivity to stakeholders and stir support for Dr. Medlock’s removal, while camouflaging the underlying inability to pay for and execute on upcoming major BHA initiatives like the BHASOs?
How will those who have publicly disparaged Dr. Medlock and committed acts of racism be held accountable?
Behavioral Health Task Force members have given written statements to the media suggesting that Barnes was the right choice to replace Medlock and rejoicing in Medlock’s removal. Why have they not commented on the budget issues currently happening in Barnes’ agency signaled by public documents?
Will the people of Colorado get transparent answers and accountability from Interim Commissioner Barnes and Deputy Commissioner Gathercole at the BHA’s July Town Hall on Wed, July 12? We need you to show up and ask the hard questions, either JFM’s or your own. Dig deep into documents. Share information. Take action. We need your voice, strength, and energy as this volunteer community collective is exhausted by the injustice.
It is clear that Dr. Medlock, a Black-identifying leader, was publicly disparaged, while Michelle Barnes, a white-identifying leader and Director of CDHS, the agency responsible for the budget shortfall, was ultimately positioned by the media and the Governor's office as the savior of the BHA despite Dr. Medlock’s documented success. There is a need for transparency and accountability more than ever.
A comprehensive investigation is necessary to uncover the truth. The public's trust in these institutions and their ability to effectively serve the people of Colorado is at stake.
This drop was originally posted on July 7, 2023. JFM updated the BHA July Townhall date on July 12, 2023 with a message: Please go to the BHA website for updates on public events and townhalls, the BHA July Townhall has moved to this afternoon at 2:30 pm.
Register for the BHA July Townhall at
https://us02web.zoom.us/webinar/register/WN_O6bAAoZzQ261Ox4SlZ_jug
To our audience from the West Coast to East Coast, and with special love for everyone in Colorado, this is a call to awareness more than a call to action. JFM knows you have responsibilities beyond this movement so if you are able, please show up and ask questions, either JFM’s or your own. And, to all of those in and out of the JFM network sharing information and stories, you have our deepest appreciation. Thank you.
Sign the Petition to Reinstate Dr. Medlock
On Monday, April 17, 2023, Colorado Behavioral Health Administration (BHA) Commissioner, Morgan Medlock, MD, MDiv, MPH, a Black community leader, was unjustly removed from her Colorado cabinet position without cause. Her removal risks the lives of millions of people in Colorado who deserve accessible, trauma-informed, and culturally-responsive behavioral health care. It also perpetuates the message that strong, qualified Women of Color are vulnerable to the whims of political systems and cabinet leadership.
Demand justice for Dr. Medlock by signing the petition for Governor Polis to bring her back as the Commissioner of the Colorado Behavioral Health Administration (BHA).