The Llano Ledger


Newsletter Text V56

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.

BANNER ADVERTISING PAYS ONLY FOR WEBSITE

Publisher's Note: Since the Monday, September 4, 2000 Newsletter falls during the Labor Day weekend, posting has begun early. Be sure, however, to read the current August 28, 2000 Newsletter found on Newsletter Text V55. This website is over 85% full. To conserve space, the Lawson Deposition is continued in the Llano Ledger 2 and can be found by clicking http://maxpages.com/llanoledger2.

*************September 4, 2000***************

Would you sign a contract not clearly dated? What about one on which the first line your name was incorrectly spelled? Incredibly, the Texas Association of Realtors Commercial Unimproved Property Earnest Money Contract signed by Llano Bay Health Care Board President Wade Hutto and property owner Michael Joseph had no clear date. Interestingly, Mr. Joseph's first name was misspelled.

The only clue to the date is on p.4 of the 9-page contract (including a separate "Special Provisions" Exhibit "A" addendum) under Item 7(b): "Inspections and Feasibility Studies: Within 120 days from April 24, 2000 Buyer, at Buyer's expense, may complete or cause to be completed inspections of the Property (including any improvements) by inspectors of Buyer's choice. Inspections may include but are not limited to: (i)physical property inspections; (ii)economic feasibility studies; and (iii)any type of environmental assessment or engineering study including the performance of tests such as soils tests or air sampling."

Interesting, isn't it? Executive Secretary Karen Kinard was questioned and immediately placed a call to Wade Hutto. The contract date is indeed April 24, 2000. The Sales Price of the 30-acre property is $480,000.00 or $16,000/acre. A $10,000 Earnest Money deposit was to be made with Highland Lakes Title Company, Inc., Marble Falls.

As asserted in an earlier edition, Mr. Joseph has been repeatedly mentioned in Board minutes regarding not only the proposed Marble Falls Community Hospital, but the Imaging Center as well. Access to further records has been sought in an effort to determine precisely the nature of the relationship between Mr. Joseph and Hospital officials. For now, consider the following three Special Provisions from the Exhibit "A" addition to the contract:

"5. If Buyer such makes such request, Seller agrees to owner finance $405,000.00 of the purchase price. The note will be secured by a first lien upon the subject property; will bear interest at the rate of 9%; interest will be payable monthly and the full balance of principal and unpaid interest shall be due and payable three months after the date of said note."

"7. It is expressly agreed and understood that Sonja Steakley is the owner of an approximate 8 acre tract which lies adjacent to the 30 acre tract which is the subject of this contract. In the event Seller acquires said property, Buyer shall have a right of first refusal to purchase said property from Seller."

"8. All engineering, surveys and due diligence shall be the property of Seller should Buyer fail to close on the property."

Item 8 is particularly disturbing for several reasons. According to the contract, the cost of engineering and Buyer's due diligence is to be fully borne by the Hospital, not Mr. Joseph. Survey costs will apparently be shared: "(b)(ii)Seller, at Buyer's expense, shall furnish to Buyer a survey of the Property dated after the Effective Date of this contract, provided Buyer shall receive a credit for 50% of the cost of the survey at closing."(p.4)

According to Item 8 of Exhibit "A", the engineering, survey, and due diligence become property of Mr. Joseph should the Hospital fail to close on the real estate. Why? After all, the Hospital is fully paying for the engineering and due diligence, and apparently half of the cost of the survey. -- Provided the Hospital closes on the contract. Otherwise, LMHS pays the entire cost of the survey. Why is the Seller benefiting in such fashion should the deal fail? It is also not clear from the wording whether the engineering study is included in this provision. If so, it may indeed make access to these public documents more difficult under the Public Information Act should the Hospital fail to close on the property. Readers will recall access to the engineering study and survey has already been sought in a pending Open Records Request posted in an earlier edition (Newsletter Text V55). There will be much more to come as the investigation continues.

In response to a highly questionable but courteous encounter on Hwy 29 in Llano, Saturday, August 26, the following message to the Chief of Police was sent Monday, August 28:

James Schilling
Chief of Police
Llano, Tx. 78643

Dear Chief:

I hope you're doing well. It was brought to my attention Saturday afternoon by two of your officers hitchhiking is not lawful within Llano city limits. Would you kindly identify the City Ordinance, please? Thank you for your time and consideration.

Sincerely,

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

The following message was quickly received Tuesday, August 29 in response:

Mr. Chorney:

It is not unlawful to hitchhike in the City of Llano.

I will address this with the officers in my department.

Thank you for your input.
Chief Schilling
********************************

The following letter was received from the General Services Commission, Saturday, September 2, 2000:

General Services Commission
P.O. Box 13047
Austin, Tx. 78711

August 28, 2000

Via Certified Mail #Z078181040RRR

RE: COMPLAINT OF OVERCHARGES-TIM CHORNEY

Dear Mr. Patton:

The General Services Commission has received a complaint against the Llano Independent School District. The complaint alleges that the District is attempting to overcharge for public information. Pursuant to Government Code, Chapter 552, 552.269, please respond in writing, and within ten calendar days, to the following:


Is District personnel aware that the rules of the General Services Commission apply to all governmental bodies, including school districts?
Is District personnel aware that the itemized statement mandated by Ch.552.2615, must state the number of hours billed for labor, and the per hour charge?
Is District personnel aware that it is a requestor's choice whether to inspect public information (i.e. have access), or receive copies of said public information?
Is District personnel aware that when a requestor requests "access" no charges may be imposed, except in very narrowly defined circumstances? (Ch552.271)

On May 25, 2000, Mr. Tim Chorney requested access to several documents regarding school district's correspondence and expenditures. No copies were requested. On May 30, 2000, you sent Mr. Chorney an estimate which included charges for 2000 copies, as well as research and postage.

Please note that you may not compel a requestor to accept copies rather than simple access to the information. Additionally, when simple access has been requested, you may not assess personnel charges unless the information requested is:

a. older than five years, or
b. completely fills, or when assembled will completely fill, six or more archival boxes, and
c. the officer for public information or the officer's agent estimates that more than five hours will be required to make the public information available for inspection.

In other words, unless a. or b. happens, it is irrelevant how long the task takes. I have my doubts that the information Mr. Chorney requested can fulfill either a. or b. However, if you have proof to the contrary, please provide it at the time you answer this letter, along with a work log to account for the $200 assessed for "research."

Additionally, your letter referred to an earlier request for which Mr. Chorney had not made payment. Please provide me with a copy of said request, and be aware that if Mr. Chorney requested access, charges are not applicable, except as in compliance with the chapter.

Also note that in an itemization sent in accordance with Ch.552.2615, all the elements must be present in the letter. If you made copies that were more than $40 without getting prior approval from the requestor, you may not hold the requester responsible for charges over $40, assuming that charges were allowed at all.

For your convenience, I enclosed a copy of Mr. Chorney's letter, Chapter 552, the GSC rules for charges, and the sign that must be posted in accordance with Ch.552.205. If you have any questions, or need further assistance, please feel free to contact me at 512-475-2497, or at hadassah.schloss@gsc.state.tx.us. I look forward to your timely response.

Sincerely,
Hadassah Schloss
Open Records Administrator

cc: Tim Chorney
Publisher
The Llano Ledger
Rt 2 Box 464A
Buchanan Dam, TX 78609
*********************************************

The following e-mail was sent in response September 5, 2000:

Hadassah Schloss
Open Records Administrator
General Services Commission

Re: August 28, 2000 Letter

Dear Ms. Schloss:

In response to your letter of August 28, 2000 to LISD Superintendent Jack Patton, thank you for taking action against the School District. I'm deeply grateful. The people are certainly entitled to know how their tax dollars are spent. Regardless of whether or not Patton willingly complies, the General Services Commission has stood tall and for the rule of law.

-- Unlike the Open Records Division as well as the Office of the Attorney General, both of which cowardly succumbed to the apparently corrupt and abusive influence of District Attorney Sam Oatman. Sadly, the Public Information Act rings hollow when the Attorney General and the Open Records Division outrageously refuse to enforce it. Unless there is an ongoing criminal investigation unknown to this writer and the public, the lack of action by the Attorney General is indefensible.

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: Katherine Minter Cary, Interim Division Chief, Open Records Division; 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.
*****************************************

Readers are reminded PLAN, Inc. (Protect Lake Area Needs) will hold its Annual Membership Meeting, Wednesday evening, September 13, 7:30pm at St. Charles Catholic Church in Kingsland. Further information can be found on Information And Services. ... Don't allow this fine organization to die on the vine.

This morning, September 5, 2000, this writer was forced to sign under duress a new Internet Agreement with the Llano County Library System. The agreement has been forced on all Library patrons in an effort to stop publication of _The Llano Ledger. To make a long story short, this writer has received the boot. More to be posted tomorrow from another location (as has part of this edition). I apologize for the typing errors. There wasn't enough time to adequately proof read.

As hurriedly reported in the last paragraph yesterday, this writer has been forced off Llano County Library computers in an outrageous attempt to thwart the First Amendment and stifle the truth about egregiously corrupt and abusive Llano County officials. Publication, however, will continue at alternate locations and pressure will immediately be ratcheted up on those responsible.

As a result, posting of the September 11, 2000 Newsletter will begin early and include full details regarding the ejection of this writer. Look for it on Newsletter Text V57 at the bottom of the Table of Contents. While corrupt officials are obviously chagrined with determined, relentless exposure and the level of rhetoric, they haven't seen anything yet.

... Since improper pressure on librarians by corrupt officials is no longer a consideration, the gloves are coming off, "Boys". Can't stand the heat, J.P.? Better get used to it, sir. ... It's going to get a lot hotter, "Judge". Quickly. While you and your cronies on the Commissioners' Court will outrageously continue to shamelessly shaft an aggressively stupid public, it will come at a steep price. -- All of you will be exposed for exactly what you are. ... Foolishly strangling the Golden Goose, aren't you, "Judge"? Taxpayers, however, will eventually tire of the incessant looting. Count on it. After all, greed has its limits. The Aryan arrogance is indeed stunning, isn't it?

The visitor count stands in excess of 27,000, -- a true testament to the shameless willingness of the readership to "steal" this writer's labor. You ought to be proud of yourselves. Nothing quite like "character", is there? Non-profit and outrageously unfunded by the readership it serves due to greed, gut-wrenching fear, and the continuing relentless intimidation of corrupt and abusive Llano County officials, this publication remains as always beholden to NO ONE.

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 1:03pm EDT