The Llano Ledger
Newsletter Text V51
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*************July 31, 2000**************
Nearly identical to numerous earlier "canned" computer-generated
form letters from the Open Records Division, the following snail-mail
was received July 26:
Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, Tx. 78711-2548
July 25, 2000
Mr. Tim Chorney
The Llano Ledger
Route 2, Box 464A
Buchanan Dam, Texas 7[8]609
Dear Mr. Chorney:
This will acknowledge receipt of your letter asking this office for
assistance in obtaining information you requested from the Llano
Memorial Healthcare System. Your letter was assigned ID#139168.
Please know that the attorney general has the statutory authority
to enforce only certain provisions of the Public Information Act solely
by means of seeking a writ of mandamus. Section 552.321 of the act
reads in pertinent part:
"A requestor or the attorney general may file suit for a writ of
mandamus compelling a governmental body to make information available
for public inspection if the governmental body refuses to request an
attorney general's decision as provided by Subchapter G or refuses to
supply public information or information that the attorney general has
determined is public information."
When a governmental body responds to a request for public information
by stating that they have no responsive information, or that they have
provided all the responsive information that is available, we must
accept their statement. In these circumstances, it is not required that
the governmental body request an Attorney General ruling. The Office of
the Attorney General has neither the resources or the personnel to do
on-site inspections of records held by another governmental office.
Therefore, based on the documents provided with your letter to this
office, we are unable to be of assistance and are closing our file on
this matter.
Please do not hesitate to contact this office if you should have
any questions regarding this letter, or if we can be of assistance on
any other open records matter.
Sincerely,
David Mendoza
Legal Assistant, Open Records Division
cc: Ernie Parisi
Administrator/CEO
Llano Memorial Hospital
200 West Ollie
Llano, Texas 78643
The following e-mail was quickly sent in response July 26:
David Mendoza
Legal Assistant
Open Records Division
Re: ID#139168
Dear Mr. Mendoza:
As usual, it is not clear from your letter dated July 26, 2000,
which correspondence you are referring to. You assert: "Your letter was
assigned ID#139168." Which letter, sir?
If it is indeed the July 17, 2000 Open Records Complaint
snail-mailed to Assistant Attorney General June B. Harden followed by a
second letter dated July 19, 2000 containing evidence of the existence
of requested Hospital records, kindly be advised a complaint will be
filed against you and Ms. Harden with the Attorney General. -- For
whatever the hell that's worth.
While Mr. Cornyn will indeed do nothing, he should at least be
aware he has a serious problem with your agency. My deepest regard and
sympathy for your most untenable position, Mr. Mendoza. After all,
you're merely a government flunky compelled to do what you're told by
higher authority, -- both in your organization and elsewhere.
Clearly, the apparently corrupt and abusive influence of District
Attorney Sam Oatman is glaringly all over the continued intransigence
of the Open Records Division to act in three unresolved complaints
filed with your agency. Sadly, the Open Records Division has already
given LISD and LMHS more than enough time to sanitize records. Mission
accomplished, sir, -- anything subsequently released would be more than
suspect.
Had you bothered to taken the time to thoroughly examine both letters
and accompanying supporting material, you would have learned Parisi is
not only denying the existence of obviously existent Llano Bay Health
Care Inc. donor records, but also refusing access to all LMHS donor
records as well. -- In a desperate attempt to thwart the Public
Information Act and required disclosure. Access to these records was
requested in the June 15, 2000 open records request. Access has been
denied. Wake up, sir. Kindly remove your head from the bodily orifice
it is apparently securely lodged in.
Finally, mercifully do something about the "canned"
computer-generated form letters sent in response to correspondence.
Sadly, they're often outrageously irrelevant, misleading, and
egregiously non-responsive. If you or your cronies are unwilling to do
your jobs and take action, why not at least have the damned creativity
to say so in your own words, sir? ... Or is even that beyond the
capability of the "Open" Records Division? Regardless, thanks dearly
for the additional fodder. It only further strengthens resolve.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
cc: Llano Ledger website
cc by e-mail: June B. Harden, Assistant Attorney General, Open
Records Division; David Short, Investigator, Open Records Division;
Ernie Parisi, Administrator/CEO, LMHS.
Placing additional pressure on the Assistant Attorney General, the
following e-mail was sent July 27, 2000. It includes a snail-mailed
open records complaint filed recently against the School District with
the General Services Commission:
June B. Harden
Assistant Attorney General
Open Records Division
Re: ID#139168, ID#138059, ID#137572
Dear Ms. Harden:
Regarding ID#139168, had you or your "legal assistant" bothered to
taken the time to thoroughly examine both letters and accompanying
supporting material, you would have learned Parisi is not only denying
the existence of obviously existent Llano Bay Health Care Inc. donor
records, but also refusing access to all LMHS donor records as well.
-- In a desperate attempt to thwart the Public Information Act and
required disclosure. Access to these records was requested in the June
15, 2000 open records request. Access has been denied.
Should ID#139168 stand, a complaint will be filed against you and
Mr. Mendoza with the Attorney General. -- For whatever the hell that's
worth. While Mr. Cornyn will do nothing, he should be aware he has a
serious problem within your agency.
Clearly, the apparently corrupt and abusive influence of District
Attorney Sam Oatman is glaringly all over the continued intransigence
of the Open Records Division to act in three unresolved complaints.
Sadly, your agency has already given LISD and LMHS more than enough
time to sanitize records. Mission accomplished. Anything subsequently
released would be more than suspect.
Regarding ID#138059 and ID#137572, kindly find enclosed the snail-mailed complaint filed with the General Services Commission.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
cc: Llano Ledger website
cc by e-mail: David Mendoza, Legal Assistant, Open Records Division; David Short, Investigator, Open Records Division.
***********************************
Hadassah Schloss
Open Records Administrator
General Services Commission
P.O. Box 13047
Austin, Tx. 78711-3047
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
Rt 2 Box 464A
Buchanan Dam, Tx. 78609
Re: Open Records Complaint
July 25, 2000
Dear Ms. Schloss:
This is an Open Records Complaint filed against Llano Independent
School District (LISD) Superintendent Jack Patton for dishonestly and
unethically imposing $515.90 in "charges" for access to public
documents germane to egregious financial irregularities and outrageous
waste within the School District. Kindly be advised this complaint was
originally filed with the Open Records Division and assigned ID#138059.
In their infinite "wisdom", however, they dumped it in your lap, --
despite the fact there is no "overcharge" issue. Sadly, there are no
legitimate "charges", period.
By way of factual background, Mr. Patton, with support of his
cronies on the School Board, has stonewalled all requests for
information under the Public Information Act. He has also conveniently
ignored all informal requests made by e-mail, snail-mail, or in person
since taking office over one year ago.
No "research", nor copies have ever been requested of the
Superintendent. Nor agreed to. Patton has falsely used both, however,
as a ruse to thwart the Public Information Act and required disclosure
in an attempt to protect himself and other School officials from
inquiry into financial irregularities, outrageous waste, and possible
criminal activity.
Kindly understand this publication has not, and will not pay for
access to public documents. -- Particularly those sought, since all are
recent and unarchived. Kindly find attached the Open Records Request
dated May 25, 2000, Patton's "response" dated May 30, and a phony
billing "Statement" sent separately with no cover letter dated April
28, 2000.
With that bogus "Statement", the Superintendent dishonestly and
unethically first attempted to impose "charges" for "research" and
copies never requested nor agreed to in an earlier information request
dated April 15. Since that request, however, was in the form of an
interrogatory and not a specific request for access to documents, the
Open Records Division took no action.
Be advised the interrogatory was sent since the Superintendent has
outrageously stonewalled all formal and informal open records requests
for nearly a year. Again, no "research" nor copies were ever requested.
The Open Records Division is indeed in possession of all relevant
documents to this interrogatory in ID#137069. Incidentally, the
Superintendent's "response" also dated April 28, 2000 was outrageously
non-responsive, leading to the follow-up May 25 open records request
also stonewalled. Mr. Patton's attached "response" dated May 30, 2000
arbitrarily and spuriously imposed additional "charges" of $410.00 in
an outrageous effort to further stonewall legitimate inquiry and access
to public documents. Be advised there was no "enclosure". The staple
mark is due to this writer's routine practice of attaching envelopes to
received correspondence.
Again, kindly understand there is indeed no "overcharge" issue. The
Superintendent, however, has dishonestly and spuriously created one to
protect himself and other School officials from required disclosure.
The Open Records Division is well-aware of this, but has succumbed to
the apparently corrupt and abusive influence of District Attorney Sam
Oatman.
Further understand the Open Records Division is stonewalling and
dragging its feet on three unresolved complaints, -- one of which your
office is already involved in (ID#137572), regarding $1/copy charges
imposed by the Llano County Judge and Commissioners' Court in an effort
to thwart the Public Information Act. When will you finally take
action? To date, no notice of resolution has been sent to this
publication.
As asserted in earlier correspondence, no open records complaints
will be filed with either the District Attorney or County Attorney.
Both are apparently corrupt, abusive, and highly selective in their
prosecutions, -- "taking care of their own."
Worse yet, District Attorney Sam Oatman himself failed to fully
honor an open records request dated March 12, 2000 and, dishonestly and
unethically attempted to charge for unrequested copies in an
unsuccessful effort to intimidate this writer.
Regarding the egregious stonewalling and footdragging displayed by both
the Open Records Division and General Services Commission, is this the
best State government has to offer? Sadly, the Open Records Division
has already given LISD and LMHS more than enough time to sanitize
records. Mission accomplished, -- anything subsequently released would
be more than suspect.
Sincerely,
Tim Chorney, Publisher
The Llano Ledger
cc: Llano Ledger website
cc by e-mail: June B. Harden, Assistant Attorney General, Open
Records Division; David Mendoza, Legal Assistant, Open Records
Division; David Short, Investigator, Open Records Division; Jack
Patton, Superintendent.
Having recently spoken to a sub-contractor at the new High School,
apparently there are growing problems in paradise. Seems that
construction is behind schedule due to footdragging by the main
contractor. Disgruntled sub-contractors, however, allege financial
penalties will indeed be imposed by the District, -- only to be passed
on to them. Interesting, isn't it?
Other serious allegations, -- possibly due only to sour grapes,
have also been hurled by frustrated sub-contractors at a current School
Board member, who as a plumbing contractor, did work for the District,
prior to taking office. Although indeed murky, all allegations are
being carefully scrutinized. Undoubtedly, more will surface as
construction continues.
Readers should understand School District open records stonewalling
is certainly occurring for a reason, -- and sadly only the tip of the
iceberg. With a $15 million annual budget and bond indebtedness at $37
million interest included, conditions are indeed ripe for waste, fraud,
and other criminal activity. Interestingly, people directly involved
are beginning to talk. ... There is, however, a long, long way to
go....
Salivating at the prospect of looting taxpayers another fiscal
year, budget discussions are currently under way in all areas of Llano
County government. Happen to see LISD Superintendent Jack Patton's
recent published notice regarding "recapture" or what has been more
appropriately and colloquially referred to as "Robin Hood"? Our
illustrious bumbling bureaucrat is again crying about $3.4 million
directly looted from taxpayers and sent to Austin to be redistributed
to other school districts.
Hey Jack, why aren't you and dear crony, -- School Board Member and
Appraisal District Director Bill Kirkman, complaining loudly and
publicly to Chief Appraiser Gary Eldridge? After all, Eldridge and his
fellow leeches at the Llano Central Appraisal District are clearly and
outrageously responsible for this fiasco. Their egregious overappraisal
of properties has directly led to this area being declared a
property-rich school district. Now, we're not only looted by the
"elite" in Llano, but by the State as well.
... Dear readers, you're getting precisely what you so richly
deserve, -- the shaft rammed hard up home plate without the Vaseline.
After all, you've cowardly complied, spreading the cheeks and bending
over without a murmur. Enjoy it. ... Gary is rightfully laughing his
ass off. So are his minions. -- So are the County Judge and
Commissioners' Court.
Regarding an earlier open records request seeking access to LMHS
Board minutes (posted in the July 24, 2000 Newsletter), the following
certified mail was received July 31:
LMHS
Llano Memorial Healthcare System
200 West Ollie
Llano, Tx. 78643
July 27, 2000
Tim Chorney, Publisher
The Llano Ledger
Rt. 2 Box 464A
Buchanan Dam, TX 78609
Re: Your letter, July 18, 2000-Open Records Request
Dear Mr. Chorney:
Per your request, in your letter of July 18, 2000, for information
under the Public Information Act, the documents requested will [be]
available for your review.
You may review these records beginning at 1:00PM and ending at 2:00PM on Friday, August 4, 2000.
If you need additional time for the review of the records, you may schedule additional time through written request.
Sincerely,
Ernie Parisi
Administrator/CEO
Continuing critique of LMHS documents released July 18, LMHS legal
beagle Fletcher H. Brown of Davis & Wilkerson sent Huber a letter
informing the mining company of the May 25, 2000 open records request
and its right to challenge release of the engineering study containing
company-supplied data. Interestingly, no response was found in released
documents.
Apparently, Huber had no objections, causing LMHS to withdraw its
request for exception filed earlier with the Open Records Division.
Equally apparent, LMHS Administrator/CEO Ernie Parisi then decided to
concentrate on blocking access to donor records by deliberately lying
in his open records "response" dated June 14, 2000 regarding their
existence. Fascinating, isn't it?
The June 15, 2000 open records request, however, expanded the
search to all LMHS donor records. The Administrator stonewalled that
request as well with the backing and support of the Open Records
Division. Ch.552, Gov't Code, Public Information statutes, however,
clearly assert hospital donor records are not protected from exception.
A complaint will indeed be filed against Assistant Attorney General
June B. Harden and Legal Assistant David Mendoza with the Attorney
General. -- Again, for whatever the hell that's worth.
Sadly, District Attorney Sam Oatman's apparently corrupt and
abusive influence is certainly all over continued Open Records Division
intransigence regarding three unresolved complaints filed against Llano
County officials. Outrageously, the entire system is corrupt to the
core. Pressure, however, will continue to be relentlessly applied
regardless of personal cost. Sadly, Sam, no one had the guts to run
against you. Your strangle-hold on power is indeed secure.
Readers are reminded Oatman is the illustrious "prosecutor" who
dismissed one jail-rape indictment and "skillfully" led the Llano
County Grand Jury earlier to no bill a second one to protect the
Sheriff's ass and "Good Old Boys" who "run" the jail. Readers are
reminded this earlier case was the Tina Wisdom jail-rape. While no cash
was awarded in a civil suit due to sovereign immunity statutes, a
federal jury found that a rape had indeed occurred in the jail.
Yet, Oatman did nothing. Absolutely nothing, -- other than
"skillfully" lead the Llano County Grand Jury to a no bill desperately
designed to protect his cronies. Sadly, this outrageous excuse for an
"officer of the court" swore an oath to uphold the law. He also
conveniently looked the other way when a former victims' assistance
coordinator employed by his office was allowed to quietly resign under
highly questionable circumstances involving irregularities regarding
grants. Equally pointedly, he's the same "prosecutor" who conducted no
criminal investigation of former Narcotics Enforcement Team (NET)
Co-Commander Brent Nichols who was demoted to Sergeant last year under
highly questionable circumstances. NET in fact lost cases when Nichols
in effect pleaded the Fifth while on the stand. Yet, Oatman
conveniently and outrageously looked the other way. Interesting, isn't
it? -- Got to protect your own, right, Sam? -- Afraid of what Nichols
might have had to say about his corrupt fellow officers?
"Good Ole' Sam" is also responsible for "skillfully" leading the
Burnet County Grand Jury to no bill a Burnet Consolidated Independent
School District (BCISD) investigation. Sadly, the list could go on and
on. It's time for the public to finally wake up to the growing cancer
in the 33rd Judicial District. Sadly, we have a District Attorney who
is highly selective in his "prosecutions" and "takes care of his own".
To hell with justice, right, Sam? ... Wouldn't know what it was had it
bitten you hard on the ass anyway, would you, sir?
(Continued On Newsletter Text V49)
Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609
llanoledger@mailcity.com
Page Updated Tue Oct 9, 2001 1:07pm EDT