The Llano Ledger


Newsletter Text V51

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Publisher's Note: This website is over 80% full. To conserve space, the Lawson Deposition is continued in The Llano Ledger 2 and can be found by clicking http://maxpages.com/llanoledger2. T.C.

*************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