The Llano Ledger


Newsletter Text V40

This Website Is Full. Starting With The December 25, 2000 Newsletter, All Future Editions Will Be Posted In The Llano Ledger 2, Found By Clicking http://maxpages.com/llanoledger2.

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*************May 15, 2000*************

Due to several pressing issues demanding extensive coverage in this edition, continuing critique of the Garrett Deposition will be postponed again until next week. Sorry.

First, two announcements: Kingsland Memorial Post #434 will hold a Memorial Day service May 29 at the Post home at 10:30a.m.. A detailed News Release containing directions and particulars can be found on Information and Services. Show your patriotism and gratitude to those who made the supreme sacrifice. Be sure to attend. The Buchanan Dam Volunteer Fire Department will be holding a "Community Awareness Day" open house at the Fire Station (across from the Red Barn) on June 25 at 1:00p.m.. They are in desperate need of financial help. Full details can also be found on Information and Services. Support your community. ... The house or business saved some day may indeed be your own.

An e-mail response from jail architect Lamarr McDonald and an open records response from LMHS Administrator Ernie Parisi have been received and will be presented in this edition after the following complaint filed with the Open Records Division against LISD Superintendent Jack Patton:

David Short, Investigator
Open Records Division
Texas Attorney General's Office
P.O. Box 12548
Austin, Tx. 78711-2548

Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609

RE: Open Records Complaint

May 8, 2000

Dear Mr. Short:

This is an open records complaint filed against Llano Independent School District (LISD) Superintendent Jack Patton. Kindly find attached the open records request of April 15, Patton's "response" dated April 28, an unsigned "Statement" from the Superintendent, and a published Taxpayer Notice also provided by Mr. Patton.

Questions 6 and 11 were unanswered. "Answers" to Questions 2,7,8,9,10,12,13,14,15,and 16 were non-responsive. A 1/2 inch thick stack of documents titled Texas Education Agency Manual For Districts Subject To Wealth Equalization was used by Patton to support his "answer" to Question 7. They are as undecipherable as is his response. This document was also apparently used to "answer" Question 14.

The attached "Notice To Llano I.S.D. Taxpayers" was originally published in a local newspaper. It was used as Patton's "response" to Question 15 and possibly also Question 14. Regardless, the "Notice" is a statement of fact and does not answer how this "fact" was arrived at, as required in both Questions 14 and 15.

The Superintendent has stonewalled all information requests made formally or informally since taking office July 1, 1999. His answers to previous open records requests have been incomplete and non-responsive, necessitating additional requests. Informal requests for information have been ignored.

Specifically and as you may recall, Patton ignored an earlier formal open records request dated Jan.12, 2000. A complaint dated Jan.30, 2000 was filed with your office, and you responded with a letter to Patton dated Feb.10, 2000, forcing his compliance. His response of Feb.14, 2000, however, was incomplete, leading to a second related request dated Feb.18, 2000. His "response" of Feb.23, 2000 was also incomplete and non-responsive.

He did, however, extend in that letter an invitation to tour LISD facilities. I responded by asking him to personally conduct the tour, so that we'd have a chance to meet, clear the air. More importantly, I told him he'd have the opportunity to answer numerous longstanding unanswered questions. An agreement was made, and I arrived at his office as scheduled on Mar.23, 2000.

Upon arriving, however, he immediately informed me he would not personally conduct the tour, and initially refused to answer questions. Quietly but firmly pressuring him, he relented and began to answer. His "responses" were hurried, incomplete, non-responsive, and combative. His behavior was egregiously erratic and unprofessional. With the exception of Questions 1 and 16 in the current open records request of April 15, ALL the other questions were previously asked at our earlier meeting of Mar.23. Patton couldn't or wouldn't answer them.

Question 1, however, was also asked of Senior High School Principal Dennis Hill the day (Mar.23) he conducted my bum's rush "tour" of LISD facilities. Hill agreed at that time to answer by e-mail, but failed to do so. At a meeting earlier that same afternoon (Mar.23), Patton had also agreed to pass on ALL information requested. When he failed to do so, the current open records request of April 15 was sent. The Superintendent has had weeks to answer. Sadly, his behavior is an ongoing pattern of stonewalling and obfuscation as is clear in his attached non-responsive letter dated April 28, 2000.

In his letter, Patton disingenuously claims to have received the open records request dated April 15 on April 25. The request was in fact immediately mailed. Was he on a taxpayer-funded junket? On vacation? All joking aside, the Superintendent had 10 business days to respond and was indeed late, -- May 3.

On May 5, I received the attached unsigned "Statement". According to the return address on the envelope, the sender is indeed the Superintendent. Clearly, it's not an LISD invoice or printed on School District stationary, but appears to have been created by an amateur hacker using oversize fonts. In addition to responding late to an open records request, Mr. Patton is dishonestly attempting to charge for copies and "research" not requested nor agreed to prior to the mailing of his non-responsive letter of April 28.

Sadly, this complaint only scratches the surface of open records stonewalling problems with Llano County officials. With a County Attorney and District Attorney both apparently corrupt, abusive, and highly selective in their prosecutions, no relief can be expected. In fact, District Attorney Sam Oatman himself dishonestly attempted to charge for copies never requested in an earlier open records request dated March 12, 2000. Serious questions remain whether Oatman indeed fully complied with the request since vouchers were not included. His unprofessional attempt at intimidation is glaring. Regardless, there are serious problems in this County demanding independent criminal investigation.

Mr. Short, I'm respectfully requesting the Superintendent answer questions he had already agreed to answer at our earlier meeting of March 23. If he's unwilling, unable, or continues to play games, -- attempting intimidation through the mailing of unsigned "Statements" for services never requested nor agreed to, I respectfully urge the Open Records Division to direct School District officials to provide access to all documents required to answer the questions of the April 15, 2000 open records request.

Sincerely,
Tim Chorney, Publisher
The Llano Ledger
cc: File
************************

Switching gears, readers will recall an e-mail was sent to Huckabee & Associates architect Lamarr McDonald May 5 asking precisely how he planned to avoid egregious cost overruns at the Llano County Law Enforcement Center as has happened at the Travis County Criminal Justice Center. (May 8, 2000 Newsletter) Sadly, the cost of the Travis County facility has passed twice the original estimate. The following response dated May 7 was received from Mr. McDonald:

"[Lamarr McDonald] We design over $100 million worth of construction a year. Our in-house estimators are well aware of current construction cost. Another factor is the Llano Law Enforcement Center is designed in such a manner that it is very efficient in its use of space and material. Our firm along with the County of Llano have strive[n] to keep this project design safe for the staff, easily maintainable and selected materials that are durable but not extravagant."

Again switching gears, the following response to an April 29, 2000 open records request (May 1, 2000 Newsletter) was received from LMHS Administrator/Ceo Ernie Parisi on May 8:

Llano Bay Health Care
200 W. Ollie
Llano, TX. 78643

May 5, 2000

RE: Request for Information-Open Records Act.

Dear Mr. Chorney,

The information you have requested is contained in the private records of a Non-Profit 501c(3) corporation. However, in the spirit of cooperation I will provide the information you requested.

The Engineering Study conducted cost $6,000.00 and was performed by Law Gibb Engineering, Austin, Texas.

The Engineering Study was performed to determine whether or not the property was suitable for construction of a Hospital. The property was not suited for Hospital construction based on the study. The property was not purchased as a result of the study.

In order to perform an accurate engineering study it was necessary to do a survey of the property. The cost of this survey was $1,299.00.

Sincerely,
Ernie Parisi
Chief Executive Officer
***********************

To his credit Mr. Parisi apparently fully answered the open records request, -- carefully providing only what was specifically asked. Notice he did not provide the name of the surveyor or the address? After all, it was not specifically requested. Unimportant at the moment, but will be followed up in future open records requests. Incomprehensibly, $7,299.00 was squandered to determine the selected site was indeed unsuitable. ... Isn't there a better and cheaper way? Presumably, the Hospital will repeat the process on a second recently selected site. Interesting, isn't it? -- Nothing quite like enriching consultants, right Ernie?

More importantly and disturbingly, the first sentence of Mr. Parisi's response has elicited a second related open records request:

Ernie Parisi, Administrator
LMHS
103 West Lampasas
Llano, Tx. 78643

Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609

RE: Open Records Request

May 13, 2000

Dear Mr. Parisi:

This is a request for information under the Texas Open Records Act, Ch.552, Gov't Code, Public Information. Answers to the following questions are respectfully requested:

1. In your open records response of May 5, 2000, you stated: "The information you have requested is contained in the private records of a Non-Profit 501c(3) corporation. However, in the spirit of cooperation I will provide the information you requested." (a)Are you asserting Llano Bay Health Care, Inc. is not a public entity subject to the Texas Open Records Act? (b)If so, would you kindly identify ALL applicable federal and state statutes supporting your assertion?

2. If Llano Bay Health Care, Inc. is allegedly not a public entity subject to the Texas Open Records Act, can you categorically state Llano County taxpayers will not be ultimately held financially responsible should the proposed Marble Falls Community Hospital become insolvent?

3. Attorney Fletcher H. Brown of Davis & Wilkerson asserted in his October 28, 1999 Request For Attorney General Decision Regarding Exception From Disclosure: "As such, the Llano Memorial Healthcare System is a public entity and subject to Texas Gov't Code 552.001 et. seq.." (a)Was Llano Bay Health Care, Inc. in existence and responsible for the proposed Marble Falls Community Hospital at the time of Mr. Brown's October 28, 1999 request for exception? (b)If so and if it is also your assertion Llano Bay Health Care, Inc. is indeed not a public entity subject to the Texas Open Records Act, why didn't Hospital management challenge my open records request of Oct.14, 1999 (subsequently upheld by Attorney General Decision OR2000-0066) on that basis?

4. Were public funds used to pay for the Engineering Study and survey costs of the now defunct construction site of the Marble Falls Community Hospital?

Thank you for apparently fully responding to my open records request of April 29. Expect additional open records requests as the proposed Hospital is built. Should you fail to respond, a complaint will be immediately filed with the Open Records Division.

Quite frankly, the public status of the proposed Marble Falls Community Hospital was clearly established by your attorney, Fletcher H. Brown of Davis & Wilkerson, in his letter of October 28, 1999. Should that status have allegedly changed, however, the issue will be forced and it will be up to attorneys of the Open Records Division to determine whether or not the proposed Marble Falls Community Hospital remains subject to the Texas Open Records Act.

Sincerely,
Tim Chorney, Publisher
The Llano Ledger
cc: File
**********************

Parisi can indeed expect additional open records requests as the Hospital is constructed. Apparently, there's been a shift in management strategy regarding information requests. Should the Administrator balk, a complaint will be immediately filed with the Open Records Division. State attorneys can then determine the status of the proposed Hospital and whether or not it remains subject to the Texas Open Records Act.

Readers should understand, however, Parisi's legal beagle had indeed established the public status of the Hospital in his letter of October 28, 1999. (See LMHS V1) If there's been an alleged change, Ernie, why not categorically state Llano County taxpayers will not be ultimately held financially responsible should the Marble Falls Community Hospital become insolvent? NO Hospital official has been willing to do so. Interesting, isn't it? If taxpayers can be held financially liable, the Hospital is NOT private.

If the proposed facility is now allegedly no longer subject to the Open Records Act, why did the Administrator respond within three days of receipt of the last open records request, sending his response certified mail return receipt requested? Interesting, isn't it? The current follow-up request was sent to clarify Parisi's assertion and intentions. If the Administrator is indeed asserting a change in the proposed Hospital's status, the issue will be immediately forced with the Open Records Division.

... Of course, there is another pressing concern shared by both the Administrator and this writer, which may have been the driving force behind his latest response: With unresolved questions regarding the reliability and validity of accounting reports offered in support of the Feasibility Study, a decision has to be made as to how much, if not all, of earlier released financial material should be posted on this website.

Sadly, we're quickly reaching the point where the damage to taxpayers may be greater than that to LMHS should it not be published. This is also why the latest open records request was sent. If the status of the proposed Hospital has indeed inexplicably changed from public to private, however, it would certainly affect the decision. ... Don't dawdle, Ernie. If there's indeed no substance to the first sentence of your May 5, 2000 open records response, quickly admit it and spare yourself and LMHS another pointless expensive legal battle with the Open Records Division.

After months of egregious disingenuousness, dishonesty, stonewalling, and obfuscation, your credibility is indeed in the toilet, -- necessitating yet another open records request. Sadly, truth is a constantly moving target in Llano County. Readers are assured, however, our worst offenders will continue to have their feet firmly and aggressively held to the fire. Count on it. As always, this publication remains beholden to NO ONE.

The visitor count stands in excess of 15,800. Another excellent week. Yet, there has been egregiously little financial support to date. With rare exception, the cowardly failure of the community to financially support this publication is stunningly pitiful and selfish. Worse yet, the sickening defense and excuse of cowardice by some is appalling. If readers care so damned little for this community and each other, why the hell should I?

Tim Chorney, Publisher
_The Llano Ledger



Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609

llanoledger@mailcity.com

Page Updated Tue Oct 9, 2001 1:17pm EDT