The Llano Ledger


Newsletter Text V52

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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Publisher's Note: Since the Monday, August 7, 2000 Newsletter will be extremely long, posting has begun several days early. Be sure, however, to read the current July 31, 2000 Newsletter found on Newsletter Text V51. Due to a catastrophic server failure at Mailcity, the following account is being temporarily used: tchorney@yahoo.com. If you sent mail to the Mailcity account and failed to receive a response, kindly send it again to the above address. Sorry for the inconvenience. T.C. August 3, 2000.

*************August 7, 2000**************

The following letter from the Open Records Division was received August 1:

Office of the Attorney General
State of Texas
P.O. Box 12548
Austin, Tx. 78711-2548

July 31, 2000

Mr. Fletcher H. Brown
Davis & Wilkerson, P.C.
P.O. Box 2283
Austin, Texas

Dear Mr. Brown:

We are in receipt of your correspondence dated June 28, 2000, in which you inform us that all of the requested documents have been released to the requestor. Therefore the Llano County Memorial Hospital Authority is withdrawing the request for a decision sought pursuant to the Public Information Act.

Because you are withdrawing this request and no longer need a decision, this office will consider this matter closed. If you have any questions with regard to this letter, please refer to ID#138046.

Sincerely,

Katherine Minter Cary
Interim Division Chief
Open Records Division

KMC/ljp
Ref: ID#138046
Encl: Submitted documents
cc: Mr. Tim Chorney
Llano Ledger
Route 2, Box 464A
Buchanan Dam, Texas 78609
(w/o enclosures)

The following e-mail was sent in response August 3. It includes a copy of a complaint against Assistant Attorney General June B. Harden and Legal Assistant David Mendoza filed August 1 with the Attorney General, as well as a letter from LMHS Foundation Treasurer Lance Center further stonewalling the June 15, 2000 Open Records Request:

Katherine Minter Cary
Interim Division Chief
Open Records Division

Re: ID#138046

Dear Ms. Cary:

Due to a catastrophic server failure at Mailcity, I am not sure whether recent correspondence sent from this publication has reached the Open Records Division. Consequently, this account is now being used.

In response to your letter dated July 31, 2000 to Fletcher H. Brown of Davis & Wilkerson, be advised Mr. Brown has falsely asserted all requested documents were released to this publication.

Consequently, the enclosed complaint against Open Records Division Assistant Attorney General June B. Harden and Legal Assistant David Mendoza was recently filed with the Attorney General for their failure to enforce the Open Records Request, -- among other issues.

Should Mr. Cornyn take absolutely no action (as expected), however, a complaint will be filed with the State Bar of Texas against Mr. Brown for his unethical participation in the ruse.

Kindly also find enclosed a copy of a snail-mail received August 2, 2000 from Lance Center, Treasurer, Llano Memorial Healthcare System (LMHS) Foundation regarding an Open Records Request dated June 15, 2000 seeking access to ALL Hospital donor records, -- not just a list of donors. Center has clearly stonewalled the June 15, 2000 Open Records Request which expanded the earlier request of May 25, 2000 for access to Llano Bay Health Care Inc. records (a subsidiary of LMHS). Yet, the Open Records Division has failed to act, -- apparently due to the corrupt and abusive influence of District Attorney Sam Oatman.

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: Ernie Parisi, Administrator/CEO, LMHS; June B. Harden, Assistant Attorney General, Open Records Division; David Mendoza, Legal Assistant, Open Records Division; David Short, Investigator, Open Records Division; John Cornyn, Attorney General, State of Texas
*******************************

(August 1, 2000)
John Cornyn
Attorney General
Office of the Attorney General
State of Texas

Re: Complaint Filed Against Open Records Division Officials

Dear Mr. Cornyn:

This is a complaint filed against Open Records Division Assistant Attorney General June B. Harden and Legal Assistant David Mendoza for their repeated failure to enforce the Public Information Act.

The latest infraction involves a refusal to enforce a June 15, 2000 Open Records Request seeking access to all Llano Memorial Healthcare System (LMHS) donor records. The complaint was assigned ID#139168. This latest stonewalled Request was an expansion of an earlier Open Records Request dated May 25, 2000. LMHS Administrator/CEO Ernie Parisi falsely asserted in an earlier open records response dated June 14, 2000 those records did not exist. Be advised the earlier Request was for all donor records of Llano Bay Health Care Inc., a subsidiary of LMHS.

Along with the also subsequently stonewalled expanded Request dated June 15, 2000, evidence of the existence of the earlier sought records was provided to Harden and Mendoza. Not only did both fail to force the release of obviously existent earlier sought records, they refused to enforce the expanded Request as well dated June 15 seeking access to all LMHS donor records. The Handbook clearly asserts, however, hospital donor records are not protected from exception. Be advised LMHS Administrator/CEO Ernie Parisi has indeed gone to great lengths to avoid required disclosure, -- including filing and then quickly withdrawing a request for exception with the Open Records Division (ID#138046).

There are two additional unresolved complaints. ID#138059 involves a 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.

The Open Records Division, however, took no action, dumping it in the lap of the General Services Commission despite the fact there is indeed no "overcharge" issue. Sadly, there are no legitimate "charges", period. 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, thus creating a phony "overcharge" issue. The Open Records Division is well-aware of this. This non-profit publication does not, and will not, pay for access to public documents, -- especially recent unarchived records.

A complaint has been filed with the General Services Commission. Be advised, however, they continue to drag their feet on this issue as well as an earlier one also dumped on them by the Open Records Division, ID#137572, involving $1/copy charges imposed by the Llano County Judge and Commissioners' Court in ALL County offices in an effort to thwart the Public Information Act. Although the complaint was filed June 6, no final action has been taken to date.

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 these three unresolved complaints filed against County officials. Sadly, this agency has already given LISD and LMHS more than enough time to sanitize records. Mission accomplished. Anything subsequently released would be more than suspect.

As repeatedly asserted in all correspondence to the Open Records Division, 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.

Mr. Oatman's "colorful" past is indeed quite remarkable. In 1998, he outrageously dismissed one jail-rape indictment and "skillfully" led the Llano County Grand Jury earlier to no bill a second one to protect the Sheriff and "Good Old Boys" who "run" the jail. Be advised the 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 in Austin found that a rape had indeed occurred in the Llano County 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 for allegedly "administrative" reasons. 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? More pointedly, "Ole' Sam" was apparently more concerned about 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. The public is finally waking up to this growing cancer in the 33rd Judicial District. No one, however, had the courage to run against the District Attorney this year. Fascinating, isn't it?

Although it is quite clear, Mr. Cornyn, you will do nothing, be aware there are apparently serious problems of corruption in the Open Records Division, the 33rd Judicial District, as well as throughout all of Llano County government. It is the function of this non-profit unfunded publication, however, to expose it regardless of the personal consequences to this writer. Despite a visitor count in excess of 23,000, _The Llano Ledger remains unfunded by the readership it serves due to greed, gut-wrenching fear, and the continuing relentless intimidation of corrupt and abusive Llano County officials. Regardless, it remains as always beholden to NO ONE.

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 Mendoza, Legal Assistant, Open Records Division; David Short, Investigator, Open Records Division.
*******************************

(Received 8-2-2000 T.C.)
July 15, 2000

Tim Chorney
The Llano Ledger
Rt 2 Box 464A
Buchanan Dam, TX 78609

Mr. Chorney:

I have been forwarded your request for information from the Llano Memorial Healthcare System. In your letter to Ernie Parisi, you requested a list of donors to the Marble Falls Hospital project. Since all donations are given to the Llano Memorial Healthcare System Foundation rather than directly to the hospital, Ernie asked me to reply.

I discussed this matter with our Board and they agreed unanimously not to give you a list of donors. The Foundation receives donations for all types of projects within the hospital system. Many donors want publicity, many do not. Generally those who want recognition, get it through a special event or by arrangement with the press. Absent any information to the contrary, we assume that those who want publicity will let us know, anyone else wishes to remain anonymous. If we issued a donor list we feel that we would be violating the trust of these individuals, thereby damaging our relationship with them. This would be detrimental to the foundation as a whole. Therefore, we will not divulge this information.

If we [can] provide any other information or can be of any further assistance, please let me know.

Very truly yours,

Lance Center
Treasurer, Llano Memorial Healthcare System Foundation
***********************************

In response, consider the following snail-mail:

Lance Center, Treasurer
LMHS Foundation
209 W. Sandstone
Llano, Tx. 78643

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

Re: July 15, 2000 Letter

August 4, 2000

Dear Mr. Center:

In response to your letter of July 15, 2000 received August 2, apparently you had not taken the time to carefully read the June 15, 2000 Open Records Request. Clearly, a list of LMHS donors was not sought. Access to ALL LMHS donor records was, and is.

According to Ch.552, Gov't Code, Public Information statutes, hospital donor records are indeed subject to disclosure. These statutes allow governmental entities 10-business days to respond. Complaints against you and the Administrator for your failure to respond in a timely manner have already been filed with both the Open Records Division and the Attorney General. Should you have any interest, the documents may be found on the Llano Ledger website.

Sadly, Mr. Parisi outrageously lied about the existence of Llano Bay Health Care Inc. donor records in an earlier open records response dated June 14, 2000, and has been repeatedly skewered for his deceit. Your letter has already been posted and will indeed be targeted again in the August 7, 2000 Newsletter. Your egregious arrogance, ignorance, and disregard of the law in this matter are quite striking. So indeed was the unethical pressure brought by the Mayor and several of his Councilmen cronies last year in an unsuccessful effort to force a merger between the Chamber and Hill Country Wildlife Museum. Then again, this is Llano County, isn't it sir? -- Indeed, a retro time warp to 1960.

Not to worry, though. The District Attorney and County Attorney do indeed protect their own. In fact, the apparently corrupt and abusive influence of Mr. Oatman extends to the Open Records Division. Be interesting to see, however, if the Attorney General takes any interest, won't it? ... Again, not to worry, sir. After all, you and the "Boys" have it all sewn up, don't you?

Regards,

Tim Chorney, Publisher
The Llano Ledger

cc: Llano Ledger website; LMHS Board President Dr. Wm. Willoughby
cc by e-mail: Ernie Parisi, Administrator/CEO, LMHS

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

Consider the following snail-mail to LMHS Board President Dr. Wm. Willoughby:

Wm. A Willoughby, MD
LMHS Board President
P.O. Box 8023
Marble Falls, Tx. 78657

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

Re: Open Records Stonewalling

August 5, 2000

Dear Dr. Willoughby:

Kindly find attached a copy of a letter sent to LMHS Foundation Treasurer Lance Center. The egregious arrogance, ignorance, and utter disregard for the law displayed by you and the LMHS Board regarding this matter are indeed stunning. What are you and your cronies hiding, sir? Be advised no LMHS donor list was ever sought. Access to ALL LMHS donor records, however, was and is. The June 15, 2000 Open Records Request has been arrogantly and outrageously stonewalled by Parisi and Center. Time to wake up, sir.

Having deliberately lied about the existence of Llano Bay Health Care Inc. donor records in an earlier open records response dated June 14, 2000, how is LMHS Administrator/CEO Ernie Parisi fit for office? Just as pointedly, serious questions remain regarding the credibility and reliability of accountants reports offered in support of the Marble Falls Community Hospital Feasibility Study. Aren't investors entitled to the truth?

What about the $7300 wasted on an engineering study and survey for the now defunct Hospital site? Whose palms were greased, sir? Why did Llano Bay Health Care Inc. Board President Wade Hutto pressure his cronies to squander funds on a study foolishly commissioned to confirm the obvious, -- you don't build a Hospital next to a mining operation using blasting? Wake up, sir. The people aren't quite as stupid as you think.

As a governmental entity, LMHS and its subsidiaries are subject to the Public Information Act and close scrutiny. The money trail will indeed be carefully followed. If there is nothing to hide, why are you and your pals stonewalling?

Sincerely,

Tim Chorney, Publisher
The Llano Ledger

Encl.
cc: Llano Ledger website
cc by e-mail: Ernie Parisi, Administrator/CEO, LMHS
****************************************

One hour access to LMHS Board minutes was provided Friday, August 4. Upon departure of LMHS administrative offices, the following two letters were handed to Executive Secretary Karen Kinard:

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: Request For Additional Time

August 4, 2000

Dear Mr. Parisi:

This is a request for additional time to examine released documents germane to the July 18, 2000 Open Records Request.

Sincerely,

Tim Chorney, Publisher
The Llano Ledger

cc: Llano Ledger website
****************************************

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

August 4, 2000

Dear Mr. Parisi:

This is a request for information under the Public Information Act, Ch.552, Gov't Code, Public Information. Access to following documents is respectfully requested:

1. April and June 2000 Llano Bay Health Care Inc. Board minutes not present in material released July 18, 2000.

2. "Finalized Contract" between Llano Bay Health Care Inc. and Michael Joseph for a 30-acre tract of land for the purpose of the Marble Falls Community Hospital.

3. "Presentation" given by Mr. R. Burnight, O'Connell Robertson & Associates Inc., and James H. Henry, AIA Health Care Facilities, LLC to Llano Bay Health Care Inc. Board May 25, 2000. According to the minutes, the "presentation" was attached, but obviously not present in the documents released July 18, 2000.

4. "Packet" passed out by Christine Reed at the Llano Bay Health Care Inc. Board meeting May 25, 2000 including "Fund Raising Ideas" showing the members and functions of the Advisory Committee.

Sincerely,

Tim Chorney, Publisher
The Llano Ledger

cc: Llano Ledger website
**********************************

From the substance of LMHS Board minutes, the Hospital is apparently experiencing serious financial difficulties. Excerpts will be published in the August 14, 2000 Newsletter. Since the edition will be long and involved, posting will begin in the next several days. At that time, click on Newsletter Text V53 at the bottom of the Table of Contents.

Apparently, LMHS Foundation Treasurer Lance Center has difficulties understanding the English language. The June 15, 2000 Open Records Request clearly sought access to all LMHS donor records, -- not just a list. Interesting, isn't it? The Aryan arrogance of Center and the Board is stunning. Apparently, these turkeys can't accept the fact "The Authority" and its subsidiaries are indeed governmental entities subject to the Texas Public Information Act and disclosure.

(Continued On Newsletter Text V48)



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

llanoledger@mailcity.com

Page Updated Tue Oct 9, 2001 1:06pm EDT