From the Texas Secretary of State's website (Link to downloaded Certificate of Formation here-if you have a slow connection, best to right click and save to your hard drive and look from there)
The document, with filing date of Jan 3 2006 lists Michael Ford as registered agent. The three people on the board of directors are: Ray Carter, Gary Marks and Michael Ford, all with address of 1021 Holden St, Glen Rose 76043.
Article 5 Purpose
The corporation is organized for the following purpose or purposes
To enhance the level of regional healthcare by fostering goodwill within the community on behalf of Glen Rose Medical Center and its physicians and staff, to instigate and manage hospital volunteer programs, to provide health education to area residents, and to fund procurement of medical equipment, facilities, and training for Glen Rose Medical Center in order to enhance the care offered to area patients by providing the tools for modern and efficient diagnosis and treatment available close to home.
Listed organizer is Michael Ford, who is also the signer on the execution section.
Update: email response from Mr. Ford regarding this, Feb 9 2009
I think that given the purpose of the Marks foundation is to procure equipment, etc for Glen Rose Medical Center, it is not an independent private foundation but set up specifically to benefit GRMC. It may well be true that the Foundation has not given any money directly, but who can say if there were other avenues to benefit GRMC.
I wondered about the comment that Mr. Ford is no longer on the board, where he had been the one not only to create the foundation, file all paperwork and was executive director. I had pledged to him last week to talk to him directly when I had questions, so I stopped by his office before the commissioner's court meeting this morning. I asked him when he resigned. He said he didn't remember. I said that I thought there should be some paperwork, such as a letter of resignation kept on file with the foundation, or minutes from a board meeting, etc. He said that he had not written a letter but had simply resigned verbally. I told him that the SOS website still shows him as the registered agent, and on the board, and that the public would naturally assume seeing the SOS site, that he was involved with the Foundation. I also said that I had seen that Jesse Pruitt was listed in the Roger Marks obituary in the Hood County News in December 2008 as being the one to get funds for the Health Care Foundation, and yet he is not listed on the SOS website in any of the documents. He said that Jesse Pruitt had been working on the foundation before and therefore it defaulted back to him when Ford quit. That doesn't make sense to me, particularly when the formation document does not list Pruitt. Further, since the address was formally changed on the website to what appears to be Mr Ford's home address, it seems a little odd to have money sent to Jesse Pruitt at 1021 Holden St (which is the address of the Glen Rose Medical Center).
Memorials: Memorials in honor of Roger Marks may be made to the Dr. Roger E. Marks Health Care Foundation, in care of Jesse Pruitt,1021 Holden Street, Box 2099, Glen Rose, Texas, 76043.
I'm not attempting to impugn Mr Ford. But I do think the situation as it exists now, represents the appearance of a conflict of interest, in that Ford became commissioner and filed papers for the foundation even after that date, as executive director. I therefore say again that I think he should recuse himself from any votes regarding the Glen Rose Medical Center/Foundation.
Let me answer your questions as succinctly as I can. I am no longer on the board of the Marks Health Care Foundation. However, as the Foundation has not given any money to the Glen Rose Medical Foundation and has only donated scholarships to graduating Glen Rose seniors, there is no conflict of interest. If you'll check the local government code, chapter 171.009, you'll find that it is lawful to serve should I choose. The Marks Foundation is an independent private foundation that several likeminded citizens put together to further health care in the county. No more-no less.
P.P.S. Another reason I think it's important to have the SOS website accurate from companies is so that, IF someone does want to donate, but wants to a. make sure that the person asking for donations is a legitimate representative of the company b. that the address is correct and c. be sure that the money donated will go for the purpose stated by the foundation, he or she can easily see and check.