Want to save yourself the expense of purchasing a written copy from the LTHS PTA?

The 2010-2011 LTISD Student Directory is available in Acrobat^© (PDF) format, or HTML format.^TPIA

I have even included a copy of the original Microsoft Excel spreadsheet of the Student Directory that the district hands out to anyone who asks for a copy.^TPIA

Did you know that this information is public?

Not many people know that the LTISD gives this directory information away to anyone who asks. See written LTISD Board Policy FL(LEGAL).

Here are but a few examples of requests for student and employee directory information made to the district.

Not only does the LTISD give it away, the LT High School sells this same directory information in printed form!

The LTHS even prints an advertisement thanking and soliciting supporters for the published directory.

Susan Bohn, who handles all of my TPIA request with the district, neglected to redact the social security number of a former district employee.

I suppose that Susan Bohn’s “expertise” in the Texas Public Information Act come at the expense of knowing about confidentiality matters?

Unfortunately this was the first time that Susan Bohn or the district (remember Susan Tolles violation?) did something so careless.

Makes you wonder how someone so incompetent can continue to receive such lavish pay raises and promotions. Promotions to positions in which they are so unqualified. Just what was Rocky Kirk thinking?

Both Susan Bohn and Rocky Kirk will keep dancing their way to the bank at our expense.

Has anyone seen this email?

If so, please forward a copy to me.

I do not know of anyone of the original recipients who have received the second email from Susan Bohn regarding this issue.

Could it be that Susan Bohn has not sent this second letter/email out? Wouldn’t suprise me.

Amazing!

Kind of like when you repeatedly ask for BoardBook, then BoardBook appears on the web site. Now if the district will just post the entire contents of the public meeting portion of BoardBook.

Why couldn’t they have posted them in the first place?

It could have saved the district a lot of time and embarrassment.

How about posting the district’s check register?

Did you know that the following nearby school district’s post their check registers?

Eanes
Lago Vista
Leander
Manor
Marble Falls
Pflugerville
Round Rock

Why not the LTISD?

The LTISD is probably the best example of wasted time and money. They have brought a lot of their costs and then some of their “imagined” costs upon themselves.  Perhaps someone can point out the really bad way that the LTISD handles their requests.

Example: Rocky hires Susan Bohn. Another bad choice. A decision worse than making “Loosey Goosey” the Director of Special Education. At least  “Loosey Goosey” is now exiled to the Community Programs Department.

Rocky, just how has Susan been working out for you?

Example: Why does the LTISD now require that public information be reviewed at the EDC building rather than the Administration Building?

t certainly is much less convenient for them with the additional costs in personnel and the transportation of documents, and …

Why have they started doing this?

Was there a connection between my public comments about the needless tax increases?

Why do they want to increase their costs which they already claim to be so burdensome?

Can they prove their claims?

Oh, did I mention, the district has gone to the additional expense of hiring Chris Gilbert to deal with Susan’s most recent blunder?

Rather than return phone calls and emails, as I would assume her job requires, the district went outside to pay another lawyer to clean up yet another one of “Bohn’s Blunders.”

Did you ever get the feeling that Susan Bohn doesn’t like me?

First, it was never my intent to have any student photographs.

Second, Susan Bohn wouldn’t have had to waste our time and our money on the letter if she had only contacted  me for clarification as she has done so many times in the past.

Was there a reason Susan Bohn didn’t contact me for clarification?

Perhaps Susan thought she would retaliate against me for telling the truth with real and verifiable facts? Did someone else put her up to it?

Or could it be that two weeks ago I used my right of free speech to point out that LTISD numbers don’t justify a rollback election and someone desperately seeks to discredit me?

Coincidence? I don’t think so.

Shortly after I received a copy of Susan Bohn’s letter, I contacted our own attorneys. (Susan never sent me a copy of this letter and I never knew about what she did until I was contacted by several parents. Needless to say, I was shocked and outraged.)

Again I am paying taxes to the district only to see Susan Bohn perpetuate their incompetence.

Again, I am spending out of my pocket, to have our competent attorneys educate Susan Bohn about the law.

You can read my attorney’s response to  Susan Bohn’s blunder. It explains matters far better than I could communicate.

Notice that Susan refused to return the calls from  our attorney.

Is she intimidated by a  competent lawyer? Probably.

It makes me wonder if this is her course of action for everything.

I guess that Susan believes that if she ignores something, it will just go away. Not this time Susan!

Let’s look at some of Susan Bohn’s accomplishments for the LTISD:

The LTISD is currently paying Susan Bohn an annual salary of $130,000 of our tax payer dollars.

What are we getting for that money?

Was it Susan Bohn’s advice to a school board member that resulted in LTISD being found of violating student record  confidentiality?

In Rocky’s October 12, 2006 letter to the TEA regarding:

“The Agency has determined that the disclosure of a letter to the Lake Travis ISD community by Board President Susan Tolles through the district’s website disclosed confidential information protected by the Family Education Rights to Privacy (FERPA).”

Rocky writes:

“Prior to Ms. Tolles’ communication, she received legal counsel therefore, she believed …”

Was it Susan Bohn who wrote the letter to the Grumbles threatening to use eminent domain their inherited land?

Now is this the same Susan Bohn who’s starting salary with the LTISD was $95,000/year and within 6 months became $125,000/year?

Not even our overpaid Superintendent, Rocky Kirk, can pull off something like this, or was Rocky responsible?

Just who made the recommendation and decision to hire Susan Bohn? Rocky Kirk? Probably.

Hey Rocky, how’s Susan Bohn working out for you?

Great decision Rocky, almost as good as Rocky’s decision to make “Loosey Goosey” the Director of Special Education. Thank goodness “Loosey Goosey” has been exiled to the Community Programs department.

Not very smart Rocky.

Obviously there is no correlation between pay and competence with either Rocky Kirk or Susan Bohn, yet the Board keeps flushing our tax dollars down the toilet.

The Austin American-Statesman writes all about it in “Lake Travis school board raises public information law questions.”

I really like the comment by the districts Minister of Disinformation:

“District spokesman Marco Alvarado said that the district’s lawyers believe that the posting complies with state law. “

-Austin American Statesman

If the district was relying on the opinion of Susan Bohn, they had better watch out! Can we say Grumbels fiasco?

This request brings up many questions regarding our district’s use of Raptor’s V-SOFT.

Just what can the company, Raptorware, do with the data? Seems like they can do a lot if you read Texas Transportation Code 730.007.

Just how much of your personal information are you allowing Raptorware to use?

Doesn’t the district owe us all a copy of the terms of just what is being disclosed and how the data is being used BEFORE you give out your personal information?

Just who is responsible for the collected data? The LTISD or Raptorware? We already know that the LTISD has a history of incompetence with regard to confidentiality.

Let’s also look at some issues raised by this “Request for Attorney General Opinion:”

“TEX. TRANS. C ODE § 730.013(b) states that ”[a]n authorized recipient of personal information may resell or redisclose the information only for a use-permitted under Section 730.007″¹
Furthermore, TEX. TRANS. CODE § 730.013(b) states that “[a]ny authorized recipient who resells or rediscloses personal information obtained from an agency” must maintain for a period of not less than five years records as to any person or entity receiving that information and the permitted use for which it was obtained.” Similar language can be found in Title 18 U.S.C. § 2721(c) which states “[a]n authorized recipient of personal information…may resell or redisclose the information only for a use permitted under subsection (b).”² Title 18 U.S.C. § 2721(c) also requires an authorized recipient to maintain a record of “the permitted use for which [personal information] was obtained.” These provisions appear to limit redisclosure of a driver license photograph to a person who is permitted to obtain the information under TEX. TRANS. CODE § 730.007 and Title 18 U.S.C. § 2721.”

-RQ-0799-GA

Aren’t we entitled to review the terms, in simple English, regarding just what happens to the data used by Raptorware when your driver’s license is scanned and just who is responsible for the retention and security of the data?

Perhaps we should ask the district for a copy. Stay tuned …

I thought I would take the time to show that the LTISD, or should I say, the lawyers for the district,  made 113 requests. It was best to show reality before Susan Bohn goes out and blows that number up to 113,000 or more!

By the way, not all of those requests for an Attorney General’s opinion are related to my TPIA requests! Also, you should see just how many times the Attorney General ruled that the district may withhold all documents, hmm …

I have also gone to the trouble of providing the direct links to each of the Attorney General opinions issued to the districts requests (see below).

You can go to the AG’s web site directly and browse for others if you wish.

The Attorney General’s web site is a great resource for people who want to research and verify facts rather than believe some outrageous fiction.

	Attorney General’s Opinion Number
1	OR2005-01140
2	OR2005-08408
3	OR2005-09655
4	OR2005-10360
5	OR2005-10471
6	OR2005-10910
7	OR2005-11535
8	OR2006-00194
9	OR2006-00473
10	OR2006-00711
11	OR2006-00965
12	OR2006-01212
13	OR2006-01546
14	OR2006-01915
15	OR2006-02674
16	OR2006-02748
17	OR2006-03660
18	OR2006-03869
19	OR2006-03935
20	OR2006-04797
21	OR2006-05068
22	OR2006-06024
23	OR2006-06054
24	OR2006-06098
25	OR2006-06746
26	OR2006-08109
27	OR2006-09202
28	OR2006-09268
29	OR2006-10089
30	OR2006-10099
31	OR2006-10205
32	OR2006-10519
33	OR2006-10904
34	OR2006-11076
35	OR2006-11301
36	OR2006-11507
37	OR2006-11695
38	OR2006-11968
39	OR2006-12207
40	OR2006-12493
41	OR2006-12700
42	OR2006-13540
43	OR2006-13872
44	OR2006-13917
45	OR2006-14124
46	OR2006-14341
47	OR2006-14471
48	OR2006-14584
49	OR2006-14844
50	OR2006-15063
51	OR2006-15106
52	OR2007-00060
53	OR2007-00356
54	OR2007-00463
55	OR2007-00611
56	OR2007-00738
57	OR2007-01168
58	OR2007-01857
59	OR2007-02590
60	OR2007-03023
61	OR2007-03314
62	OR2007-05348
63	OR2007-05688
64	OR2007-07083
65	OR2007-07971
66	OR2007-08599
67	OR2007-08692
68	OR2007-08692A
69	OR2007-10280
70	OR2007-10828
71	OR2007-11741
72	OR2007-11858
73	OR2007-12294
74	OR2007-12398
75	OR2007-12441
76	OR2007-13034
77	OR2007-13356
78	OR2007-13477
79	OR2007-13677
80	OR2007-13679
81	OR2007-13813
82	OR2007-13889
83	OR2007-13951
84	OR2007-15037
85	OR2007-15630
86	OR2007-16796
87	OR2008-01173
88	OR2008-01280
89	OR2008-02144
90	OR2008-02305
91	OR2008-02341
92	OR2008-02423
93	OR2008-02446
94	OR2008-03888
95	OR2008-04478
96	OR2008-05590
97	OR2008-06260
98	OR2008-07547
99	OR2008-09975
100	OR2008-13303
101	OR2008-14449
102	OR2008-15960
103	OR2008-16150
104	OR2008-17398
105	OR2009-00212
106	OR2009-00304
107	OR2009-00346
108	OR2009-00577
109	OR2009-00590
110	OR2009-00914
111	OR2009-01049
112	OR2009-01194
113	OR2009-01443

]]> http://www.ltisd.info/blog/2009/05/19/did-you-know-results-of-the-districts-public-information-opinion-requests-to-the-attorney-general/feed/ 0 http://www.ltisd.info/blog/2009/05/19/did-you-know-that-susan-bohn-presented-a-seminar-on-practical-pointers-for-handling-public-information-act-requests/ http://www.ltisd.info/blog/2009/05/19/did-you-know-that-susan-bohn-presented-a-seminar-on-practical-pointers-for-handling-public-information-act-requests/#comments Tue, 19 May 2009 12:37:32 +0000 LTISD Parent and Tax Payer http://www.ltisd.info/blog/?p=646 Perhaps the title of Susan’s presentation should have been “What not to do when handling Public Information Act Requests.”

Susan Bohn and Stephanie Rosenberg (Humble ISD) conducted a seminar called “Practical Pointers for Handling Public Information Act Requests” at the 24th Annual School Law Conference on February 27, 2009.

Seems like I am not the only concerned citizen and tax payer. Susan and Stephanie mention that someone made 200 TPIA requests in one day!^TPIA Wow, is that real or is that school lawyer reality?

They even mention that someone in the Dallas ISD requested 3000 pieces of information!^TPIA

Remember Susan claims that the LTISD made over 100,000 copies of documents for me, and that was only 2007! 100,000 or a “gazillion,” its perception, not reality that matters, don’t worry about actually proving the claims.

In fact their propensity for exaggeration continues. In an email exchange, the seminar coordinator asks Susan and Stephanie:

“I just have a quick question about your description. Did you mean to say 15,000 PIA requests or is it really 1500?”^TPIA

I guess that I am not the only one who doesn’t believe their exaggerations either.

Perhaps Susan should have talked about all of the superfluous opinion requests that she makes to the Attorney General?

What about all of the times the Attorney General has to tell her to rely on previous requests?

How about requests that Susan tries to have “re-considered” only to be told that is not possible?

And to think that I got such flak from some parents about posting the publicly available student directory.

I say the “publicly available” since as we all know, the negligent LTISD released the “non-publicly” available student directory to me and several others in 2007.

You can save yourself $10 and get the LTISD Student Directory for free at the following links:^TPIA

Adobe Acrobat (PDF) format

HTML format

Don’t forget, you can also get the latest salaries for all of the district’s employees here as well.

Guess what? The complainant’s grievance will be heard by the superintendent herself! The Austin American Statesman article goes on to say:

“Wellman is scheduled to hear the Evanses’ complaint against her, present her side of the story and rule on the complaint.

If the Evanses disagree with her ruling, they can appeal to the school board.

Having the superintendent preside over the hearing is `the most astonishing thing I’ve ever seen,’ Smith said. `I’ve been a lawyer for more than 20 years, and I have never seen a case in which the accused is the judge, the jury, the witness and the investigator.’ “

And I thought things were really screwed up here at the LTISD!

BTW: Did you know that Nola Wellman is superintendent of a district of over 7,300 students and only gets paid $216.757.80? Compare that to Rocky Kirk’s 6,100 students and $247,840.64  salary (this is not the recently approved salary increase for Rocky, more on that outrage later).

Oh, and did I forget to mention that Nola was at a district that has been rated by the TEA as better than “academically acceptable” in recent years. It was not until this year that Rocky has been able to pull off a rating better than “academically acceptable.”

Nola Wellman, might have violated the public information laws, but it would appear that the Eanes ISD gets a better deal for their money.

Oh, I almost forgot, Nola seems to be in the middle of a tax payment controversy?  She must have gone to the Mayo Davidson school of tax contempt?

[See post to watch Flash video]

Want to save yourself the expense of purchasing a written copy from the LTHS PTA?

The 2008-2009 LTISD Student Directory is available in Acrobat^© (PDF) format, or HTML format.^TPIA

Did you know that this information is public?

Not many people know that the LTISD gives this directory information away to anyone who asks. See written LTISD Board Policy FL(LEGAL).

Here are but a few examples of requests for student and employee directory information made to the district.

Not only does the LTISD give it away, the LT High School PTA sells this same directory information in printed form! If you like hard copy, you can purchase one from them.

The LTHS PTA even prints an advertisement thanking and soliciting supporters for the published directory.

I have pointed out many of them in many posts to this web site, but here are a few more instances:

“The District’s Web site shall include information on
how to contact the District’s designated agent and a copy of the District’s copyright policy. Upon notification, the District’s designated agent shall take all actions necessary to remedy any violation. The District shall provide the designated agent appropriate training and resources necessary to protect the District.” – EFE(LOCAL)

Has anyone seen the copyright policy on the district’s dismal excuse for a web site?

Looking at the quality of the LTISD web site compared to several other district’s in the state, you might wonder just how committed the district is to providing the citizens, parents and tax payers of the district with useful information?

The district has informed me that there are no documents naming or appointing a district copyright agent. I guess that this makes Rocky the district’s copyright agent since no one has been designated?

“The Board shall direct the Superintendent or designee to employ all reasonable measures to prevent the use of District technology in violation of the law.” - EFE(LOCAL)

I don’t know if I would trust Rocky to do any more than he already does for his outrageous salary, something else just might slip through the cracks … something important like student confidentiality?

This just in:

Apparently you will have to use the Texas Public Information Act (TPIA) to find out that Marco Alvarado has been submitted by a form: “Interim Designation of Agent to Receive Notification of Claimed Infringement.”^TPIA

Why doesn’t the district post this information? Why do they not follow their own written policies?

Speaking of student confidentiality, it would not surprise anyone to find out that the district has yet informed me again that the district has none of the following:

Document Management Plan – CPC(LEGAL), CPC(LOCAL)

Records Management Officer – CPC(LOCAL), Local Government Code 203.023

And we wonder why they can’t protect confidentiality.

Just ask someone at the district:

What is the district’s document destruction policy?

What is the district’s document retention policy?

No one seems to know, which in itself seems to be standard operating procedure in the district.

Perhaps Rocky knows since he is responsible:

“The Superintendent shall oversee the performance of records management functions prescribed by state and federal law:

• Records Management Officer, as prescribed by Local Government Code 203.023
• Records Administrator, as prescribed by Local Government
Code 176.001 and 176.007 [See BBFA and CHE]
• Officer for Public Information, as prescribed by Government Code 552.201–.204 [See GBAA]
• Public Information Coordinator, as prescribed by Government Code 552.012 [See BBD]” – CPC(LOCAL)

We keep paying and they keep flushing …

It was rather obvious that Susan was wrong, again! Only after a letter from my attorney questioning her time accounting does she provide a letter stating that she was not wrong (lawyers never will admit their mistakes or incompetence). She said that the district “does not wish to enter into a legal dispute with you regarding this issue (legalese for “we will loose “and “we are wrong, you win”).

Image that, the litigation happy LTISD does not want another lawsuit!

Susan went back and used real math instead of her Wiji Board and happened upon the fact that she was wrong by 12 hours and 41 minutes. That meant that I had used less than 24 hours of whatever Susan used to calculate “district time.” Apparently the district does not have records to back up their claims of how much time it takes to answer each request, or so I have been told when I asked for these records. So just how do they know how much time it takes to answer each request?

Perhaps, Susan was not wrong but simply making application of Einstein’s Theory of Relativity. Einstein said that time is relative, depending on your frame of reference. I guess that the LTISD’s frame of reference is different than the time reference used by the rest of us?

I just have a couple of questions:

1. When does Susan Bohn’s incompetence turn into negligence?
2. Just how many times does Susan Bohn have to “mess up” before the district takes notice? Susan has a long line of such “exemplary” performances while employed at the district. Remember the Eminent Domain fiasco?

Perhaps we should only expect this from a lawyer who is only making over $130,000/year after only 6 years of experience. Not too bad since I bet that Mayo Davidson, with so much more experience (44 years), probably wishes he made $130k/year (then he might pay taxes). But then again, Susan has not been found guilty of a “violation of the Texas Disciplinary Rules of Professional Conduct” like Mayo.

Wait, there are still some more ‘Bohn’s Blunders’ to read about, stay tuned.

The Texas Attorney General’s office recently issued an opinion  saying:

“Summary: The “radio station” exception to section 552.275 of the Government Code encompasses a person who holds an amateur radio station license issued by the Federal Communications Commission.” -Attorney General Opinion No. GA-0669

This was a result of a letter from Texas State Senator Jeff Wentworth to the Texas Attorney General’s office regarding a provision of the Texas Public Information Act (TPIA) established by recently enacted legislation (HB2564).

The issue was whether an “amateur radio station license” met the criteria of “a radio or television station that holds a license issued by the Federal Communications Commission” (Section 552.275 of the TPIA). This particular section of the TPIA exempts certain entities from the 36 hour annual time limit that a government body spends in responding to a citizen’s request for public information.

I guess that Chris Gilbert’s time (paid for by our tax dollars) spent researching the subject was wasted? In fact Chris did seem a bit worried about this during his presentation to the appeals court.

Well, I guess they will have to get that great “common law” scholar and lobbyist J. David Thompson III to go out and get the legislature to fix another problem, a problem which really does not exist.

All to often I forget the lobbyist’s mantra: “Let’s not let FACTS get in the way. What do FACTS have to do with PERCEPTIONS?”

Note: If you read Jeff Wentworth’s letter, it says that you can watch the video and see the process by which the amendments to HB2564 were added.

I took the liberty of capturing the relative 2-3 minutes of that process (The entire video referenced by Senator Wentworth is over 8 hours!) and posted the relative  part here for you to see without all the wait.

Listen carefully …

[See post to watch Flash video] ]]> http://www.ltisd.info/blog/2008/10/08/did-you-know-that-an-amateur-radio-operators-license-does-qualify-as-a-%e2%80%98radio-station%e2%80%99-for-purposes-of-house-bill-2564/feed/ 0 http://www.ltisd.info/blog/2008/09/25/preview-of-upcoming-posts/ http://www.ltisd.info/blog/2008/09/25/preview-of-upcoming-posts/#comments Thu, 25 Sep 2008 12:13:17 +0000 LTISD Parent and Tax Payer http://www.ltisd.info/blog/?p=453 Wow it has been a long time since I have posted new information regarding the antics of our local school administrators and school board!

It certainly has not been for the lack of material.

I have a lot of catching up to do.

Here is a small list of posts that I plan on uploading in the  very near future:

1. Did you know that Susan Bohn claims to be aware of the privacy provisions of FERPA, yet turns around to provide documents that would appear to violate FERPA? Not only that, but since we only pay her $130,000 per year, they still had to employ an outside law firm to help her out in this matter? Just why did Rocky hire her? It must be for her expertise in eminent domain matters? We will just have to see what the TEA and FERPA have to say about this latest blunder. Remember what the TEA said about Susan Tolles violation of student confidentiality?
   
2. Did you know that the OCR found the LTISD in violation again?!
3. Did you know that Rocky got another pay raise! Even after saying that he was going to make the LTISD “the most exemplary school district in Texas!” The Austin American Statesman even made comments on Rocky’s outrageous “compensation.”
4. Did you know that the LTISD is trying to shore up their image with television commercials?
5. Did you know that your taxes went up again? Do you think that the “brain trust” is going to ask for a vote on raising our taxes in May? Did you ever wonder what Mayo thinks about tax increases in light of the fact that he owes Travis County and the LTISD so much in property taxes?
6. Did you know that I did not spend my 36 hours of time for TPIA requests this year? Did you know that once again, Susan Bohn messed up and can’t seem to keep an accurate count of time. Imagine that!
7. Just what is the growth rate in our school district. Looking at some real estate sales data, we can see some noticeable decreases this year. Wonder if the “brain trust” is going to ignore the data and ask all of us, except Mayo,  to pay more taxes for the burgeoning student population?

These and other articles coming very soon.

1. Adobe Acrobat^© (PDF) versions which include pay ratio to that of our overpaid superintendent, Rocky Kirk.
   1. Sorted by employee name
   2. Sorted by salary
2. HTML

I have also compiled a list showing the salary differences between last year (2007-2008) and this year (2008-2009) and are available at the following links:

1. Adobe Acrobat^© (PDF) format
2. HTML format

Let’s look at some interesting changes in some selected salaries between last year and this year:

1. Rocky got an 8.7% pay raise. Just what did Rocky do to deserve this much when the teachers got a much less percentage raise?

   Ever wonder:

   • Just what has Rocky done for this district?
   • Why is Rocky paid so disproportionally higher than other superintendents?
2. Linnea Bennett, Rocky’s loyal admin, got a 65.3% increase! The price of silence I suppose.
3. Diane Frost got a 17.6% salary increase. Again, for what? I guess when you go from “Assistant Superintendent” to “Deputy Superintendent” there is a financial entitlement included?
4. Kim Brents got a 41.1% increase for moving over to the high school. She is making about $5,000 more than Charlie Little did last year as the LTHS principal.
5. Jill Siler saw a 25.1% increase.

You can read more about some of Chris Gilbert’s exploits regarding this matter in another post on this web site and you can read about how HB2564 affects the the Texas Public Information Act (Texas Government Code 552).

Remember, Chris labored in vain with J. David Thompson III, another Bracewell & Giuliani attorney working for the LTISD and a paid lobbyist, in their feeble attempt to sue me for exercising my right to obtain public information. Chris even pointed out that it was J. David Thompson III who hallucinates about my ‘abuse of governmental processes.’

I have been told that it was J. David Thompson III who authored HB2564, but I have yet to verify this information. I certainly would not be surprised if it were true since I have already been convinced that J. David Thompson III is such a magnanimous legal genius and paid lobbyist.

While researching the amateur radio provisions of FCC licenses, 47 CFR 97 (Amateur Radio Services), Chris misses the fact that people can obtain a “non-amateur” radio license in the form of a Personal Radio Services (47 CFR 95) license. Besides, a license obtained under 47 CFR 95 does not require a test!

I have been told that some people who have already obtained licenses under 47 CFR 95 just to ensure their rights to obtain public information through the Texas Public Information Act (Texas Government Code 552).

I find Marco Alvarado’s comment in the Texas Observer’s article: “He said the Lovelaces’ requests have included everything but the district’s kitchen sink, including “financial information, personnel items, construction information, bond information…”

I guess that my next request will be for information regarding “the district’s kitchen sink.”

Let’s see, what is wrong with asking about “financial information, personnel items, construction information, bond information…” regarding my government, a public entity supported by citizen’s tax dollars?

Ooops, I guess that Marco, who said “we try to comply,” forgot to read the first paragraph of the Texas Public Information Act (TPIA) which says:

Hey Marco, aren’t you supposed to have been “educated” about the TPIA?

Well all you have to do is look up his name on the Texas Ethics Commission’s web site and you will find out the following:

Thompson, John David III (00035306)
(713)223-2300
Bracewell and Giuliani LLP 711 Louisiana Suite 2300 Houston, TX 77002-2770

Association of American Publishers
50 F Street NW Washington, DC 20001
Type of Compensation: Prospective
Amount: $10,000 – $24,999.99
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

Fast Growth School Coalition
c/o Mr. Tom Crowe McKinney ISD #1 Duvall Street McKinney, TX 75069
Type of Compensation: Prospective
Amount: $10,000 – $24,999.99
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

Houston Independent School District
3830 Richmond Avenue Houston, TX 77027
Type of Compensation: Prospective
Amount: $10,000 – $24,999.99
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

King Ranch Inc.
Three River Way Suite 1600 Houston, TX 77056
Type of Compensation: Prospective
Amount: $10,000 – $24,999.99
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

Lake Travis Independent School District
3322 Ranch Road 620 South Austin, TX 78738
Type of Compensation: Prospective
Amount: Less Than $10,000.00
Client Start Date: 02/19/2007
Client Term Date: 12/31/2007

Spring Branch Independent School District
955 Campbell Road Houston, TX 77024-2803
Type of Compensation: Prospective
Amount: Less Than $10,000.00
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

Stafford Municipal School District
1625 Staffordshire Stafford, TX 77477
Type of Compensation: Prospective
Amount: Less Than $10,000.00
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

Texas Association of School Administrators
406 East 11th Street Austin, TX 78701
Type of Compensation: Prospective
Amount: $10,000 – $24,999.99
Client Start Date: 01/01/2007
Client Term Date: 12/31/2007

Let’s see now:

• First, J. David Thompson convinces Rocky and the rest of the ‘Team of Eight’ that they should sue me for ‘abuse of governmental processes.’
• J. David Thompson’s law firm (Bracewell and Giuliani) profits handsomely from this needless persecution of citizens and tax payers!
• J. David Thompson then takes MORE of OUR tax dollars to go and lobby OUR legislature to “make the big, bad, mean dad and tax payer stop asking questions of the poor old LTISD.” I wonder if he told the LTISD to say that I “harassed, besieged, and attacked” the district.

Judging from the events which have taken place, I would say that hiring J. David Thompson has done nothing more that cost the tax payers a lot of money and resulted in the passage of some bad legislation?

I have been told that it was the great legal mind of J. David Thompson who conceived of HB2564. And to think he did not know the definition of an FCC issued station license? I should remind J. David Thompson that “the devil is in the details.”

The KC7OYG Radio web site is dedicated to disseminating technical and operational information to licensed radio operators and wireless communications enthusiasts.

It will also be a source of information on how you may obtain an Federal Communications Commission (FCC) issued radio license.

Did you know that an amateur radio license issued by the FCC is both an Operator and a Station license?

Did you know that a license issued by the Federal Communications Commission exempts the licensee from the recent limitations imposed on the Texas Public Information Act (TPIA) by HB2564 (§552.275(j)(1))?

As a tax payer and citizen, I have found it very appalling how the LTISD administration and Board operates. In fact, this web site is a testament to the LTISD administration and to Rocky’s highly compensated yet ineffectual rein as the district’s “Chief Executive Officer” [Education Code 11.201(a)].

It seems that Rocky and the rest of the “Team of Eight” don’t appreciate the fact that I have made “discoveries” and “revelations” that have been quite embarrassing to them. I have exposed the district’s management to the scrutiny of it’s citizens, tax payers and parents.

Why doesn’t Rocky just do his job and make the LTISD an “exceptional” school district rather than complain about the embarrassing exposure that he is receiving? Rocky finds that it is probably easier to blame me than to accept responsibility for his failures.

You have to ask yourself, just why has Rocky and Board gone to such lengths to silence a concerned parent, citizen and tax payer?

Why have my attempts to be a better informed citizen been met with such derision by a public servant?

Does ANYONE believe Rocky’s tale about how TWO parents brought such cataclysmic devastation on the district?

Talk about a “credibility problem!” Next thing you know, Rocky will call up Al Gore and blame me for global warming!

What would happen if THREE or more parents engaged in such fabled provocations?

Oh the chaos that would ensue!

Rather than own up to his own mismanagement of the district’s affairs, Rocky has blamed me. But can he tell us how our mythical supernatual feats have caused damage? He only speaks in “generalities” but cannot provide specifics.

Let’s ask Rocky to provide some “specific facts” for us:

How have the students of the LTISD been harmed by exposing the LTISD’s administration to scrutiny?

Who’s morale has been affected? Rocky’s? “Loosey Goosey’s”

Let’s ask Rocky why he can’t manage the construction of just one elementary school? How much did that cost the LTISD? Do you want to trust this administration with any more construction projects?

How did Rocky and the rest of the “Team of Eight” create that “eminent domain” fiasco? How did they handle the public relations debacle that resulted from their inept amateur conduct?

Why did Rocky allow “Loosey Goosey” to treat other district personnel and parents as she did? Just how much damage did this personnel management disaster cost the district? Tell us Rocky, we all want to know!

Rocky, tell us why the district delayed posting Board Book until August 2007? How many wasted tax dollars could the district have saved if they had simply used the resources at their disposal and been more open? Just what has the LTISD been trying to hide?

Who took whom to Federal court? Who took whom to the District Court and then needlessly appealed to the Appeals Court?

Why did the LTISD administration fight the Office of Civil Rights rather than cede the fact that they were indeed out of compliance?

and …

Rocky let’s have an answer to these and many, many other questions which seem to haunt you. Remember, we require that you present us with some verifiable facts!

Let’s face it, the LTISD should be happy that they lost their senseless TPIA lawsuit because they have made up some stories that they could not prove in a court room.

Rocky, remember when you told me that in the end all I would have is a record of a “bunch of little mistakes?”

Just what is a little mistake Rocky? How many mistakes does it take before a realization is made that things are not quite what Rocky spins them to be?

Remember: “A lie told often enough becomes the truth.” -Vladimir Lenin

In the mean time, I will continue to accumulate and document the facts regarding the governmental body in which I have a vested interest with both my tax dollars and my children.

Rocky, you profess to advocate “activities that support principles of democracy” and “Student behavior and the staffs’ professional actions reflect the highest standards and ideals in support of democratic principles and values of citizenship as reflected in Board policies, rules, and expectations?” This must be some more “double speak” like the abuse of the word “integrity.”

I guess that I have to remind Rocky and the rest of the “Team of Eight” the fundamental tenant of the Texas Public Information Act and of American democracy:

“Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.”

The “Team of Eight” needs to re-read the ruling from the Third Court of Appeals and reflect on the bottom line:

Parents, Citizens and Tax Payers: 2, LTISD “Team of Eight”: 0

Remember how the LTISD continued their reckless waste of our tax dollars to appeal their fabricated “abuse of governmental processes?”

On November 29th I was advised that the 3rd Court of Appeals also threw out the LTISD’s absurd lawsuit!

You can read the court’s decision on their web site or download an Acrobat (PDF) version here.

Is the LTISD going to waste more of our tax dollars in an appeal to the Texas Supreme Court?

Before they decide to appeal or not, I just want to remind Rocky and the rest of the “Team of Eight” of something they should have already learned:

You can’t polish a turd!

Remember, Chris is a lawyer for that super duper law firm representing the LTISD in their reckless lawsuit against me and my family. Oh, and did I mention, a complete waste of our tax dollars. And all of this for what?

Well, since he gets paid so much, it has to be true, doesn’t it?

I’ve got to give credit to Chris, he is smarter than your average lawyer. He made sure to tell the judges that it was J. David Thompson III who concocted the fanciful plea: “abuse of governmental processes.”

During his presentation before the judges he actually went so far as to turn and point out J. David Thompson III as being responsible.

See, even Chris doesn’t believe it and does not want to be associated with it. “Abuse of governmental processes” is the epiphany of J. David Thompson III where he fables my lawful use of governmental established processes as being “unlawful.”

Does Chris foresee a potential problem with the new restrictions on the Texas Public Information Act?

Is he concerned that HB2564 (the most recent revision of the Texas Public Information Act) created during the 80th Legislature Regular Session restricts public information access to all but holders of FCC (Federal Communications Commission) licenses and print newspapers?

I bet Chris wishes no one had information about how their local government spends their tax payer’s money, especially when it comes to his $300/hour rate. Chris even calls on another lawyer who bills at $340/hour to find out why some records were not delivered to the court!^TPIA

See just how the district is spending your tax dollars!

By the way, did you know that J. David Thompson III was one of Bracewell & Giuliani’s top Texas Lobbyists according to Texans for Public Justice?

Hey, you wouldn’t think that J. David Thompson III had anything to do with HB2564 do you?

Since Chris brought up the subject, stay tuned for more information about just what the Federal law (47 CFR Part 95 and 47 CFR 97, also know as FCC Part 95 and Part 97) has to say about the definitions of a radio station license.

Sorry Chris, a GMRS License meets the definition of HB2564, and its not even a “Ham License.” A GMRS License costs less than $100 and does not require an examination!

Chris, you just might get some more work persecuting citizens who want to know more about their government!

Let’s see if they actually follow through with this.

They can’t seem to follow through with anything other than taking parents and tax payers to court and giving Rocky pay raises.

Why did it take the LTISD so long to figure this out? Remember I everyone about their capabilities some time ago.

Yet they persisted to waste our tax dollars in reckless pursuit of legislative changes to the Texas Public Information Act and their reckless persecution of parents and critics in the courts.

How much money could they have saved themselves? Remember it was the LTISD who sued me, not the other way around.

Only if they had taken heed to Rocky’s empty rhetoric: “That we could go back in time when things were less complicated, where the core values that came from our country’s founding fathers could be more freely integrated into our work with children without such fear of being taken to the courthouse.”

Why now? Just what brought about this sudden realization?

Did Rocky finally read about their capability on my web site? He does that on a regular basis, or so I have been told.

Did Sean Casey, the LTISD Assistant Superintendent of Technology and Information Systems Services finally have an epiphany?

Now, when is the LTISD going to post their check register online?

I like Susan Bohn’s statement regarding why the LTISD sought a release so that they could make comments about me:

“First, [we are limited in what we can say because] litigation is pending and the trial is imminent,” LTISD General Counsel Susan Bohn told the Lake Travis View. ‘Also, there is the nature of this case. Even things that are not specific to the case are confidential unless we have consent from the parents. Anytime the district does something that the Lovelaces’ perceive violates their rights, they file usually a series of complaints and grievances within the district, outside of the district, with federal and state agencies, against individual educators with the state board of educators certification. So we are always very cautious and quite certain that if we provided any information to you [the newspaper] related to the case, because of the nature of the case, we would be having to defend ourselves and spending a lot of time and resources on defending ourselves in other legal proceedings they file against us.”*

• I am not sure if you can characterize her statement as being true: “…we would be having to defend ourselves and spending a lot of time and resources on defending ourselves in other legal proceedings they file against us.”

  They have yet to be involved in a legal proceeding regarding their written misrepresentations.

• Susan, I should not have to remind you, but the LTISD has an extensive history of violating the privacy of their students, Board members calling tax payers “liars”, and taking out full page advertisements in the local paper which contain outrageous if not libelous statements.
• Oh, by the way, Susan, was it you that Dr. Kirk refers to as having dispensed “legal counsel” to Susan Tolles before she committed the violation of a student’s confidentiality?

“While the Lovelaces and their attorneys declined to sign the waiver, they did provide the Lake Travis View with all the relevant court documents relating to each case. The attorneys maintain the Lovelaces have been misrepresented by LTISD statements in the past, which includes an advertisement the district ran in the Lake Travis View in November of 2006.”*

• The reply from my attorney Bill Aleshire to the LT View regarding the LTISD release request was: “The LTISD officials, accused of lying about our clients, now want to say something else about our clients, but want them to absolve them, in advance, for anything the LTISD officials will say. I don’t think so. They shouldn’t have lied in the first place.”
• Unlike the LTISD, we provided the public documents from both sides related to their pending lawsuits against us. The documents we provided are public documents and do not contain any confidential information. I wonder why they would not be so helpful? Perhaps they are embarrassed by their hollow arguments? Or they don’t want the tax payers to see just how they are wasting tax dollars in a futile attempt to silence their critics?
• You too can go to the Third Court of Appeals web site about this case. I can’t find any web links to the briefs that have been filed with the court, but I am providing a copy of the LTISD brief to the appeals court, our response brief and the LTISD response to our response. These are public documents and I am providing them since I don’t know of a web link so that anyone can easily obtain them.

• Note that in their briefs, the lawyers for the LTISD continue to argue their outrageous allegations.

* Source: “LTISD appealing Lovelace ruling in federal court”, Charles McClure, Lake Travis View, August 2, 2007, Volume 22, Number 31

“… the District did not maintain a copy of the e-mail. On April 12, 2007, the District requested and obtained a copy of the e-mail from Eanes ISO, and now maintains a copy of the document. It is enclosed for your review.”

This leads to some important questions:

• Just why didn’t the LTISD maintain a copy of the e-mail?
• Just what is the LTISD email retention policy? (I have asked but cannot get an answer. I don’t think the LTISD really knows)
• Why did the district have to go to the Eanes ISD to obtain a copy?

Another interesting question is why did the LTISD redact Susan Tolles e-mail address in the header but not redact it in the text body? Why redact it at all?^TPIA I have been given numerous documents which includes not only her email address, but also that of Mayo Davidson whom they also redacted.

*Note: This request was not made by me, it was forwarded to me by another concerned citizen.

Why does the LTISD feel it necessary to spend your tax dollars employing lawyers to answer information that should be public?

Why are they spending your tax dollars attempting to throw a legal smoke screen to the information which we are entitled?

The reporter, Raven Hill of the Austin American-Statesman, made a request to the LTISD on October 4, 2006^TPIA. The LTISD employed the lawyers at Walsh, Anderson, Brown, Schulze & Aldridge to answer her request, at a cost of course.

No wonder why the LTISD complains about the Texas Public Information Act!

They are spending a lot of money to answer requests for public information, and it is not all due to me. I don’t think that was the intent of the law, but Rocky sure is beating the drum at the state legislature over his inept management of the district’s resources fighting a law intended to keep the government from hiding information from the citizens who pay his salary.

This is but one example of their spending of our tax dollars to answer public information act requests. If space would permit, I could show you many more.