The Llano Ledger


Newsletter Text V79

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Welcome. This Website Is Indeed An Expansion And Continuation Of The Llano Ledger. Earlier Editions, Letters To The Editor, Llano County Jail-Rape Depositions, And Numerous Other Documents Can Be Found By Clicking http://maxpages.com/llanoledger.

Publisher's Note: Posting of the February 19, 2001 Newsletter has begun early. Be sure to read the current edition, February 12, 2001, on Newsletter Text V78. T.C. February 15, 2001.

*************February 19, 2001***************

The following snail-mail was received from the General Services Commission:

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

February 12, 2001

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

RE: COMPLAINT OF OVERCHARGES-TIM CHORNEY

Dear Mr. Patton:

In an effort to close this matter, please note the following:

* I misquoted your statement of May 30, 2000. I should have put "$200" rather than "200 hours."

* Mr. Chorney did not make any payments, and did not come to inspect the information.

* It is determined that overcharges did not occur. The charges were calculated in accordance with the law and the rules of the General Services Commission. However, some of the calculations were erroneous because they assumed that Mr. Chorney requested copies, which he didn't. Please note that the choice to inspect or receive copies is made by the requestor, not the governmental body. Additionally, the District did not follow new sections in the law, which are required when the charges will be more than $40.00.

* Therefore, the charges that may be owed are: $.10 per page for any page that contained confidential and non-confidential information, and the confidential information had to be redacted before the page could be released for inspection (See #4). This charge applies even if the requestor does not take the copies. If the records fulfilled the criteria established by Ch.552.271(c), charges may be $18 per hour (personnel, $15.00 plus overhead, $3.00) for the time to prepare records that were older than five years and which took more than five hours to prepare for inspection (See #3).

Also, I believe that the following suggestions would avoid future misunderstandings:

1. Do not use the term "Research" when a personnel charge will be applied. It is less confusing to use "Labor" or "Personnel." Actually, the word "research" does not appear in the law, except in Ch.552.227. "Research of State Library Holdings Not Required." Additionally "Personnel" is defined in the rules as "the actual time to locate, compile, and reproduce the requested information."
2. Remember that the itemized statement of estimated charges must be provided before any work is done. The requestor must be given the choice to accept the charges or amend the request. If that choice is not given, the requestor owes nothing. Conversely, if the requestor does not answer in ten calendar days with a choice, you need not fulfill that request because the law deems it automatically withdrawn. Be sure to inform the requestor that the deadline for the written answer is ten calendar days.
3. The personnel charge that is authorized under Ch.552.271 applies only to those records that actually fall under the criteria. Example:
- You receive a request for records from 1/1992-12/2000.
- The entire request took seven hours to prepare for inspection.
Personnel can be assessed only for preparing the records from 1/1992-12/1995 IF preparing those records for inspection took more than 5 hours. (GSC Rule 111.65(a)(3)) Redacting confidential information from the 1/1992-12/1995 files that fall under the criteria is part of compiling the information, thus can be charged as "preparing the records for inspection."
4. You may still be able to assess charges for inspection if the records do not fall under the two-prong criteria of Ch.552.271(c) but do qualify for Ch.552.271(b). Example:
- You receive a request for records from 1/1996-12/2000 (exactly five years)
- The request will result in 10,500 pages, of which 3,850 have confidential information mixed with public information.
- You may charge the requestor $385.00 before you allow the inspection of the information. You may even request a bond for the entire amount or a deposit of $192.50 before you start the task of copying and redacting. (GSC Rule 111.67(e))
- Please note that you are allowed to charge for only one copy of each page with co-mingled information, and no charges for personnel are allowed.

Additionally, I strongly recommend that all communications with requestors be in writing and sent by US Mail, email, or fax. It is more time consuming, but it will pay off in a reduction of misunderstandings, complaints, and confrontations. Ms. Morrison sent me several samples of form letters that she proposed to use for your requestors. I think the letters will be very helpful, and encourage you to use them.

Finally, I want to assure you that I do understand the constraints you face. However, as public servants we have an obligation to the public. The law does not require you to drop everything that you are doing to reply to an open records request, but it does expect a good faith effort and a prompt answer. If you ever have any questions regarding allowable charges, timing of the itemized statement, or any other concern related to Subchapter F or any of the other sections that deal with charges to requestors, please feel free to contact me.

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 quickly sent in response:

Hadassah Schloss
Open Records Administrator
General Services Commission
Austin, Tx. 78711

Re: Feb.12, 2001 Letter To LISD Supt. Jack Patton

February 14, 2001

Dear Ms. Schloss:

In response to your letter of February 12, 2001 to LISD Superintendent Jack Patton, respectfully understand Patton arrogantly played you for the fool. -- To protect himself and his cronies from consequences of release of public information highly unflattering to School officials at the very least, if not worse.

No unreasonable blanket request of documents, as implied by the substance of your most recent letter, was ever made to the Superintendent. Patton conveniently interpreted the May 25, 2000 Open Records Request as such, however, in an attempt to justify unrequested copying charges of 2000 pages of documents and the supposed "labor costs", or as he put it, "research" involved in producing them for inspection. -- A ruse, Ms. Schloss. Clearly designed to avoid release of damaging records.

Your letter of February 12 to the Superintendent was apparently designed to give Patton "wiggle room" and a way to "save face". -- Despite the demonstrable fact he lied like hell in his earlier letter of October 27, 2000 to you. Quite clearly, madam, the Superintendent deserves no slack.

What he deserves, however, is a criminal investigation. ... Which, of course, will never happen. After all, the Superintendent has only followed the example of District Attorney Sam Oatman, -- who himself unethically and illegally stonewalled an unrelated Open Records Request dated March 12, 2000 in a strikingly similar fashion.

Bottom line? The Superintendent has deliberately and willingly attempted to charge $515.90 for "access" to public information. -- In an effort to protect himself and his cronies from the consequences of thousands of dollars, at the very least, in financial irregularities.

Your suggestion to the Superintendent he supply "form letters" for requestors of public information is ludicrous. Such form letters would only serve to make it easier for bumbling, recalcitrant bureaucrats to more effectively stonewall open records requests.

Most pointedly, the Open Records Request of May 25, 2000 was clearly, concisely, and crisply crafted. Any idiot could understand it. Why should a requestor be limited to submission of "form letters" "conveniently" provided by the bureaucrats targeted? Where does Ch.552, Gov't Code, Public Information limit open records requests to "form letters"?

Kindly be advised the Superintendent mailed a 7-page "form letter" back in 1999 after finally being forced by the School Board to respond to an earlier unrelated Open Records Request. The "form letter" was indeed irrelevant and unrelated to the Open Records Request.

Your admonition to Patton that it's best to communicate formally with requestors via snail-mail, fax, e-mail, etc. presumes an informal effort was made by the Superintendent. Not so. In fact, quite the opposite. During a meeting in March of 2000, Mr. Patton refused an informal request for information later formally sought in two Open Records Requests including the May 25, 2000 one, currently in dispute.

Your concern for the time "constraints" of the supposedly beleaguered Superintendent is quite touching. Kindly understand, however, the May 25, 2000 Open Records Request was indeed only the latest effort to obtain access to the same information sought from the Superintendent for over a year.

With all due respect, Ms. Schloss, wake up. Patton has willingly and deliberately engaged in a ruse, an outrageous charade. Equally pointedly, he has NEVER justified any "labor costs", or as he put it, "research". In no correspondence to this publication to date has he ever claimed the need to redact confidential information. NEVER.

If he now does, he does so to protect School District officials from outrageous financial irregularities quite possibly criminal in nature. If he is allowed to claim the need to redact without proof, he will have successfully circumvented the Public Information Act and avoided the release of damaging public information.

With no one willing to criminally investigate the School District or even enforce the Public Information Act, the citizens of Llano County, however, will never know the true extent of waste and fraud within the District.

My readers are quite aware in fact the District Attorney, the "Open" Records Division, and the General Services Commission have successfully aided and abetted the Superintendent in his desperate effort to avoid release of damaging public information required by the Texas Public Information Act.

This publication has not and will not ever pay for "access" to public documents. -- To do so would be to submit to extortion. Anything less than full access, without charge, to information requested in the May 25, 2000 Open Records Request is unacceptable. Furthermore, the egregious stonewalling indicates the School District apparently has something to hide.

Worse yet, the lack of action by the General Services Commission and "Open" Records Division has given School officials more than ample time to "sanitize" requested records. Sadly, anything released at this point would be highly suspect.

From the substance of your letter to Patton as well as earlier correspondence to this writer, it is not clear whether or not you have forwarded all correspondence between the General Services Commission and the School District, including counsel. If not, it only provides additional aid and comfort to Patton, making it more difficult to hold his feet to the fire and force disclosure of public information.

Finally, the first four "findings" of your February 12 letter to Patton differ markedly from earlier correspondence and appear to be a reaction to pressure placed on the General Services Commission and "Open" Records Division. Obviously, it is a transparent effort to cover the collective gluteus maximus of State officials who have aided and abetted the Superintendent in his effort to circumvent the Public Information Act and avoid disclosure of damaging public information.

Most remarkably, the "findings" do not address the demonstrable false assertions made by Patton in his letter of October 27, 2000 to you. -- Nor do they address the fact the Superintendent NEVER offered access to inspect the requested documents. Interesting, isn't it?

Sadly, short of court action precluded by a lack of funds, there will apparently be no resolution of this matter. Hat's off to State officials. All of you have quite successfully and effectively ensured Llano County citizens will never know the true extent of waste and fraud within the School District.

Sincerely,
Tim Chorney, Publisher
The Llano Ledger
http://maxpages.com/llanoledger
http://maxpages.com/llanoledger2
Rt 2 Box 464A
Buchanan Dam, Tx. 78609

cc: Llano Ledger website
cc by e-mail: John Cornyn, Attorney General, State of Texas; State Sen. Troy Fraser; Ann Dillon, Acting Executive Director, General Services Commission; Katherine Minter Cary, 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; Jack Patton, Superintendent, LISD.
********************************

Thirty years of a failed "drug war" have not only eviscerated the Fourth, Fifth, and Sixth Amendments, but have led to the militarization of police agencies throughout the United States. -- Quite often with dire results, including the death of innocent citizens.

One Nazi tactic frequently employed is "dynamic entry". -- Knocking down a door with a battering ram, without first knocking and identifying themselves as police officers. Sadly, law enforcement doesn't always have the correct address and innocent people have been killed defending themselves against these outrageous marauders.

Arrogantly, police have dismissed such killings as the price of enforcing drug laws. After all, a few deaths of innocent citizens here and there is a small price to be paid for preventing drug users and dealers from flushing contraband down the commode, right?

Sometimes, however, this Nazi tactic backfires on officers themselves. Sadly, a Travis County Deputy was recently killed during a "dynamic entry." A slug tragically found its way under a bullet-resistant vest worn by the officer. The shooter claimed self-defense and has been charged with capital murder.

At the time of this writing, few details have been released, -- other than the police apparently had the right address and drugs were allegedly found. Regardless of the circumstances, it is time for police agencies to re-consider "no-knock" execution of search warrants. Public as well as officer safety demands it. Most pointedly, the days of Rambo should be gone.

Think the following scenario is impossible? It's 3AM and you're woken from a deep sleep by the noise of wood splintering as unidentified, possibly heavily-armed thugs are breaking down the door to your house. Your wife is screaming as she runs to the children's room. Releasing the safety of a high-powered pistol, you raise the weapon as the door busts open and the first unidentified goon enters. ... Think it can't happen? -- Or that it only happens to the guilty? -- Or that it may be an officer and not a criminal?

Sadly, the "President" has once again shown his true lack of substance, courage, and character this week. Ole' George "The Tush" has cowardly placed distance between himself and Congressional Republican efforts to investigate the Clinton pardon of fugitive financier Marc Rich. Interesting, isn't it?

Equally pointedly and remarkably similar to his predecessor, the "President" bombed the hell out of the Iraqis shortly after taking office. -- Apparently to establish and implement policy through exercise of military muscle.

Readers are reminded Mr. Clinton took precisely the same action eight years ago. Interesting, isn't it, how quickly presidents resort to the use of force to solve problems? Why? To establish power and proper pecking order. When a private citizen, however, behaves in a similar fashion, rightfully, he or she is convicted of homicide. When in hell are we going to finally expect better of our government?

The "President" has disingenuously claimed new recent provocations by Saddam. -- While conveniently failing to remind the people a low-grade bombing war has been going on for quite some time in Iraq as Saddam has continued to reject and challenge "No-Fly Zones". Interesting, isn't it?

Most pointedly, had the "President's" father, former President George H. Bush, settled for nothing less than unconditional surrender, the current problem would not have been an issue. -- Quite clearly, the Gulf War was fought for nothing more than "Big Oil". "Principle"? What the hell's that?

This writer is no pacifist. The use of military force is warranted when this nation is truly threatened as it certainly was in the Second World War. For the last 50 years, however, presidents have conveniently and wantonly placed military personnel at risk for purely political and economic reasons. The current occupant of the White House is apparently no better.

As strongly asserted in Special Edition V65, the clock is indeed ticking... The combined visitor count of both The Llano Ledger and Llano Ledger 2 websites stands in excess of 73,200, -- 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 reminded 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 as always remains 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 Thu Jun 14, 2001 5:14pm EDT