The Llano Ledger


Newsletter Text V62

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 October 23, 2000 Newsletter will be long and involved, posting has begun early. Be sure to read the current October 16, 2000 edition on Newsletter Text V61. This website is over 90% full. To conserve space, the Lawson Deposition is continued on The Llano Ledger 2 and can be found by clicking http://maxpages.com/llanoledger2. T.C. October 17, 2000.

*************October 23, 2000************

Readers will recall LMHS Administrator/CEO Ernie Parisi was asked for access to Hospital pager records for employees "not on call" in an Open Records Request dated September 21, 2000. Not surprisingly, Mr. Parisi feigned confusion about the phrase. The Administrator, however, knows damn well doctors are frequently "on call". So may x-ray or operating room technicians, etc.. Others, such as administrators, secretaries, clerical help are not. ... Highly unlikely, Ole' Ernie would be disturbed while getting his beauty sleep, no?

All joking aside, the records were sought to get a snapshot of waste. While physicians and other medical staff have to be available at a moment's notice, there are numerous Hospital employees who do not need pagers. While the Administrator's quibbling was initially thought to be merely nonsense for the sake of nonsense, examination of the released material indicates more. Parisi, apparently, feigned confusion because the record-keeping, putting it mildly, stinks. The latest HCI Highland Digital Paging inventory sheet dated June 7, 2000 contained 96 pagers, some listing the same number twice.

Quite possibly, Ole' Ernie himself doesn't know who should and shouldn't have a pager. Many are not assigned to an individual employee, but to a department. With records so poorly managed, how can anyone reasonably assess whether funds have been well-spent? ... If you can't dazzle 'em with brilliance, baffle 'em with bulls--t, right Ernie?

Consider the following monthly charges for calendar year 2000:

Aug. 24, 2000 $925.52
Jul. 23, 2000 $724.43
June 21, 2000 $609.62
May 23, 2000 $956.14
Apr. 26, 2000 $657.12
Mar. 23, 2000 $797.23
Feb. 23, 2000 $576.46
Jan. 24, 2000 $597.18

My apologies for the unsightly table. -- The software will not allow any better display. Figures for earlier years were similar. Although a drop in the bucket regarding LMHS expenditures, this is clearly one area that should have been closely scrutinized by Hospital officials as to necessity. ... Were all the pagers assigned warranted? To her credit, Chief Financial Officer Mindy Smith, however, apparently challenged some of the billings. With record-keeping egregiously sloppy, it must have been quite difficult to know what was and was not appropriately charged.

The following letter was received from the General Services Commission, Thursday, October 19, 2000:

General Services Commission
1711 San Jacinto
P.O. Box 13047
Austin, Tx. 78711-3047

Via Certified Mail-#Z078181048RRR

October 18, 2000

Mr. Jack Patton
Superintendent
Llano Independent School District
200 E. Lampasas
Llano, TX 78643

RE: COMPLAINT OF OVERCHARGES-TIM CHORNEY

Dear Mr. Patton:

Thank you for your letter of September 11, 2000.

You have provided me with copies of the statements sent to Mr. Chorney. The statements show the itemized charges for Mr. Chorney's requests. You have not, however, provided me with copies of Mr. Chorney's responses to your itemized statements.

Following is a chronology based on the documents I have in my possession:

April 15 - Mr. Chorney requested information regarding the District. The request was in the form of an Interrogatory, and did not request either access or copies of documents.

April 28 - You sent Mr. Chorney a statement for $105.90 for 84 copies and several hours of personnel time, which you called "research." Under the Public Information Act, the District was not required to provide answers to general inquiries. (See ORD-555, attached) I conclude then that the District did so of its own choice; therefore, no charges can be assessed. Additionally, it appears that the statement sent to Mr. Chorney was a bill, not an estimate.

Section 552.2615 states that a governmental body must send a "written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel charges." Because the law recognizes that estimates are by their own nature, imperfect, the law allows for an actual cost variance of 20% before a governmental body must update the statement. Sending the statement is a duty that a governmental body may not evade if it wishes to collect assessed charges. The mere sending of the estimate does not obligate the requestor to pay. Indeed, the law states that the requestor also has certain responsibilities. Upon receiving the written itemized statement of estimated charges, a requester has the responsibility to either accept the charges or amend the request.

Llano ISD-Page 2

Either choice must be done in writing to the governmental body within ten calendar days of receiving the statement. Failure of the requestor to respond in the manner and time specified by the law means that the request is considered automatically withdrawn. I have no proof that Section 552.2615 was followed; therefore, Mr. Chorney does not owe the charges for the April 15 request. If you provided copies that Mr. Chorney did not request, you may not charge for those either.

May 25 - Mr. Chorney requested "access" to certain documents.

May 30 - You sent Mr. Chorney a written itemized statement of estimated charges. Your letter also stated that you would not begin work on the request until Mr. Chorney paid $105.90 for a prior request. You may not require payment for the prior request because it was not provided in accordance with the law and the rules of the General Services Commission.

Additionally, a governmental body may not assess charges for inspection or access unless the law-stated criteria are met. The law-stated criteria are:

* A governmental body may charge for a copy of any page in which confidential information is mixed with public information. Said charge is the per page charge, no other charges may be imposed.

* Personnel charges may be imposed for making available for inspection information that meets the following law-stated criteria:

1. The information is more than five years old

OR

2. The information completely fills, or when assembled, will completely fill six or more archival boxes

AND

3. It is estimated that fulfilling the request will take more than five hours.

The information that would be responsive to Mr. Chorney's request (2000 pages) does not completely fill six archival boxes. Since your letter asserted that some of the information was older than five years, please provide me with a breakdown of which records fell in that category and how many pages they entailed. Also, unless the 2000 pages contain mixed information, you may not charge for them since Mr. Chorney asked for access, not copies. For the same reason, the postage charge is not applicable. For your convenience, I have enclosed a copy of Mr. Chorney's request that

Llano ISD-Page 3

you can use as a guide. Please note that my previous correspondence requested that you provide proof that the information was older than five years as well as a log of how the 200 hours of "research" would be spent. I have received neither. Failure to provide the documents I need for a determination may result in a denial of all charges.

Finally, I have received from Ms. Morrison some forms on which to offer my advice. I will try to do that as soon as possible.

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 response no later than October 30, 2000.

Sincerely,
Hadassah Schloss
Open Records Administrator

Enclosures

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

In a never-ending attempt to obfuscate and stonewall, the following letter from LMHS Administrator/CEO Ernie Parisi was received October 19:

LMHS
Llano Memorial Healthcare System
200 West Ollie
Llano, Tx. 78643

October 18, 2000

VIA/CERTIFIED MAIL/RRR
Mr. Tim Chorney, Publisher
The Llano Ledger
Rt. 2, Box 464A
Buchanan Dam, Tx. 72609 [78609]

Re: Open Records Request of October 11, 2000

Dear Mr. Chorney:

We are in receipt of your Open Records Act request dated October 11, 2000. In that request you have asked for the following documents:

"All vouchers, documents, letters, memos, e-mails regarding Hospital expenditures on any and all employee expense accounts for the last five calendar years."

The purpose of this letter is to request clarification of your request as allowed under the Open Records Act. Llano Memorial Healthcare System does not have "employee expense accounts." As such, there are no documents in the form in which you request. However, Llano Memorial Healthcare System does maintain documents known as "expense reports" which would contain information regarding expenditures by hospital employees and might contain the information you are seeking.

At your earliest convenience, please advise us in writing whether you would like to inspect these "expense reports." Once we have your written response we will be able to evaluate your request and respond to you in keeping with the Texas Open Records Act.

Very truly yours,
Ernie Parisi
Administrator/CEO
*******************************************

The following e-mail in response was sent to the "Open" Records Division, October 19, 2000:

Katherine Minter Cary
Interim Division Chief
Open Records Division
Office of the Attorney General

Re: Open Records Stonewalling

October 19, 2000

Dear Ms. Cary:

This is to advise the "Open" Records Division of continued stonewalling by LMHS Administrator/CEO Ernie Parisi.

In an Open Records Request dated October 11, 2000, access to "All vouchers, documents, letters, memos, e-mails regarding Hospital expenditures on any and all employee expense accounts for the last five calendar years" was requested.

In an effort to delay and make access to information as difficult as possible, Mr. Parisi has chosen to again employ semantics and sophistry responding in a letter dated October 18, 2000: "Llano Memorial Healthcare System does not have employee 'expense accounts.' As such, there are no documents in the form in which you request. However, Llano Memorial Healthcare System does maintain documents known as 'expense reports' which would contain information regarding expenditures by hospital employees and might contain the information you are seeking."

It does not take a rocket scientist or an attorney to read and understand the English language. The Open Records Request clearly seeks all documents germane to Hospital expenditures on employee expenses. The Administrator knows damn well the "expense reports" are included in the request.

He has chosen, however, to obfuscate and delay the request by petulantly and arbitrarily requiring further written response to access the documents: "At your earliest convenience, please advise us in writing whether you would like to inspect these 'expense reports.' Once we have your written response we will be able to evaluate your request and respond to you in keeping with the Texas Open Records Act."

The "Open" Records Division is advised LMHS has posted a notice in its Administrative Offices that Open Records Requests may be sent by e-mail. When questioned, LMHS Executive Secretary Karen Kinard strongly discouraged doing so. Although this publication usually submits all information requests in writing, one Open Records Request, however, was submitted earlier by e-mail to force the issue. After all, the same policy must be in place for all, not just requestors favored by LMHS. To his credit, the e-mailed request was honored by the Administrator.

Now, we have an Administrator who is petulantly, arrogantly, and arbitrarily once again imposing a different set of standards on one of his staunchest critics. This publication will gladly and cheerfully comply, however, and sincerely thanks the Administrator for the additional fodder for the website.

Kindly be advised, no action is expected or requested from the "Open" Records Division in this matter. Your failure to enforce the Texas Public Information Act and bias in favor of LMHS is quite clear to this publication and its readership. This message has been sent to ensure state officials will not be able to claim ignorance should Llano Memorial Healthcare System become insolvent.

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; John Cornyn, Attorney General, State of Texas; Ernie Parisi, Administrator/CEO, LMHS; State Sen. Troy Fraser, Texas State Senate.

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

The following e-mail was sent to the Attorney General, Friday, October 20:

John Cornyn
Attorney General
State of Texas

Dear Mr. Cornyn:

The enclosed message is indicative of continued stonewalling by LMHS and the failure of the "Open" Records Division to enforce the Public Information Act.

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

cc: Llano Ledger website

(Forwarded Message)
***********************************************

The following e-mail was sent to State Sen. Troy Fraser, Friday, October 20:

Senator Troy Fraser
Texas State Senate

Re: Public Information Act

October 20, 2000

Dear Senator:

Stonewalling by LMHS has been relentless. The Open Records Division has glaringly been compromised by the apparently corrupt and abusive influence of District Attorney Sam Oatman. You and your colleagues certainly need to take another look at the Public Information Act and its lack of enforcement by the Attorney General. The enclosed message to the Open Records Division is indicative of the continuing problem.

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

cc: Llano Ledger website

(Forwarded Message)
***************************************

Posting of next week's edition, October 30, 2000, will begin shortly. Look for it on Newsletter Text V63 on the bottom of the Table of Contents. The visitor count stands in excess of 34,000, -- another excellent week and true testament to the shameless willingness of the readership to "steal" this writer's labor. Certainly, you ought to be proud of yourselves. Nothing quite like "character", is there? Readers are advised this writer receives no renumeration from the banner and pop-up advertising. They only pay for the website itself. There is no personal compensation, nor are there desperately needed funds for investigative expenses. 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 12:57pm EDT