Re: FW: Public Information Request to DSHS regarding Texas Schoo" http://us.mc456.mail.yahoo.com/mclshowMessage?sMid: I 09&fi d:S'

YA-{ggI $ryerr-

Re: FW: Public lnformation Request to D$H$ regarding Texas School SurveyrTuesdaY, MaY 19,2009 7:26 PM

$irrr:rr r "C raig Jo hnso n" <cra igclj0 7 6)ya hoo'co m >

3i,; "$hqpryM a nsell" <5he rry. Ma nse jl(qldshs.state tx'Lls >

i-:*; " M im iMcKay" < M im i' M cKay@ cls hs.state'tx. us >, " LindaWiegma n"

<Linda'Wiegman@dshs'state.tX'Us>,Hadassah.Schloss€!oaq.state'tX.t]s

Ms. Mansell, if DSHS is able to identify which boxes in the warehouse have the secondary school level

surveys without conducting a physical review of the contents of each archive box, I would like narrow down

my May lBth request below to just those versions of the Texas School Survey of Drug and Alcohol Use

covering years 1988 through 1995. Please advise.

Craig Johnson

--- On Mon, 5/{8/09, Craig Johnson <craigdiA7@yahoo.com> wrote:

From: Craig Johnson <craigdj0T@yahoo.com>

Subject: Re: FW: Public Information Request to DSHS regarding Texas School Surveys

To: "SherryM ansell" < Sherry. M ansell@d shs. state. tx' us>

Cc: "MimiMcKay" <Mimi. McKay@dshs.state.tx. us>, "LindaWiegman"< Linda.Wiegman@dshs. state.tx. us>, Hadassah. Schloss@oag. state. tx' us

Date: Monday, May 18, 2009, 2:31 AM

Ms. Mansell, there is no need for DSHS to conduct a 40 minuie review of any archive box

containing local school district surveys.

I want to inspect all paper copies of surveys for each local school district that participated in the

Texas School Survey of Drug and Alcohol Use during years 1988 through 1995, including allof the

information in the archive boxes containing these Surveys'

I will need the maximum time allowed to inspect the requested information during a single day at no

cost, which should be five hours minus any time needed to make the requested documents

available to me.

please email the exact location, date and hour the requested information will be available for

inspection and confirm the total amount of time that I will have to inspect the requested

documents.

As discussed previously, I am traveling from Dallas and would appreciate if we could confirm the

appointment and accommodations at least two days in advance

I would like to bring an assisiant to help me inspect the documents, so please inform me if any

arrangements need to be made for that.

I willjust need a table in an air-conditioned room with easy access to a three prong power outlet

for my portable copier. The copier I will bring will not require any altering or unbinding of the

survey books, so please leave all requested documents bound together.

1 of6 1151200912:16 PM

Re: FW: Public Information Request to DSHS regarding Texas Schoo... h@://us.mc456.mail.yahoo.com/mc/showMessage?sMid:109&fid:S...

I will also need to obtain a DSHS Certificate of Records for some of the survey books, so I willneed to have access to a person authorized by department policy or designation to certify therecords during the time frame assigned to me to inspect the documents. lf there is a cost for this,please email the rates.

For my records, please email me the following information:

1. The exact address and official name of each off-site facility charged with storage during the past30 days of allTexas School Surveys of Drug and Alcohol Use produced during years 1988 through1 995.

2. Copies of all official inventory documentation that DSIlS uses to track all the archive boxescontaining Texas SchoolSurveys of Drug and Alcohol Use produced during years 1988 through1995. This should include the tracking identification numbers of the archive boxes and a completedescription of the contents for each box.

Please email all future correspondence.

Thank you.

Craio Johnson

--- On Fri, 5/15/09, Mansell, $herry <Sherry.Mansell@dshs.sfafe.fx.us> wrote:

From: M ansell, Sherry < Sherry. M ansell@dshs. state. tx. us>subject: FW. Public Information Request to DSHS regarding Texas school surveysTo. craigdj0T@yahoo. comCc: "McKay, Mimi" <Mimi. McKay@dshs.state.tx. us>, "Wiegman, Linda"< Linda.Wiegman@dshs. state. tx. us>, Hadassah. Schloss@oag. state. tx. usDate: Friday, May 15,2009, 4'.2gPM

Mr. Johnson:

Ms. McKay forwarded your e-mail submitted earlier this morning regarding the servicesbeing provided by our Department's personnel time as indicated in the updated billingestimate.

As previously discussed, the documents that you have requested exist in a series ofapproximately 50 archival boxes that are currently being stored in our warehouse storageroom on 2large pallets in no particular order" In formulating our estimate of charges forthe records specific to your request we estimated that the records are in approximately25 of the 50 boxes and estimated 40 minutes review time per box to search for theresponsive records. So for the April 28In request, if there are25 boxes of records x40minutes each = 17 hours. Then'17 hours + time to move the responsive boxes to aroom for your review of t hour = 18 hrs. personnel time.

As indicated in the May 14 letter, because the information being requested is more thatfive (5) years old and it will take more than five hours of staff time to make the informationavailable for inspection, DSHS may charge for the time it takes to prepare the responsiverecords to your request pursuant to TEx. Gov'r coor g s52.271(cX1XAX2). Based onthe estimated 18 hours of personneltime and pursuant to'1 Tex. Admin. code. 70.3, weapplied the amount an agency may charge for labor related to compiling records

2of6 7lsl)ooq 1?. l6 pr\,4

Re: FW: Public Information Request to DSHS regarding Texas Schoo.. http://us.mc456.mail.yahoo.com/mc/showMessage?sMid: 1 09&fi d:S.

responsive to the request x $15 per hour, giving a totalof $270.00.

I have attached below the specific provisions of the Costs rules from Tex. Gov't Code552.2615 and 1 Tex. Admin. code. 70.3, which ailow a governmentat body [DSHS] tocharge for agency staff time to compile and prepare the records for your review.

Should you have additional questions or concerns about the billing estimate ouragency submitted regarding this request, please contact Hadassah Schloss, the CostRules Administrator - Open Records Division - Office of the Attorney General by phone at512-47 52497 or e-mail to: hadassah.schloss@oag.state.tx. us.

You can have 2 business days as you requested to review and inspect the recordsresponsive to your request. The records that DSHS has responsive to your requestincludes school participants from'1988 to 1995, in the updated billing estimate 1994 was atypographical error. The list on the Excel spreadsheet, previously provided to you,reflects the schooldistricts that participated in the surveys for the years 1gB8-1995. As

for the local school district participants in the year 1988, there was only one distrlct thatparticipated in the survey according to our contractor.

I hope that this information has helped to clarify your concerns pertaining to yourrequest for review and inspection.Sherry MansellLegalAssistantOffice of General Counsel - Enforcement Unit1 100 W. 49th Street, M-534Austin, Texas 78756(512) 458-711 1 ext. 3835e-mail: sherry. mansell@dshs. state. tx. us-----Original Message-----Fromr McKay, MimiSent: Friday, May 15,Tor Mansell, SherryCc: Wiegman, Linda;

2009 11:22 AM

Liu, Liang; Reedy, PatriciaSubject: FW: Public Information Request to DSHS regarding Texas School SurveysImportance: High

Sherry,I assume your office will be answering questions from Mr. Johnson on thecorrespondence sent to him yesterday -- see below. Liang, please confirm the dates ofthe responsive documents Mr. Johnson has requested below.

Thanks,Mimi

ii'i:itl i".

't)':i!,t 1,411

i,J

iild:::)

? ; ll ii,:; 4*. ;,:,:: i. :.;:,/,1)4

From : Cra ig Joh nson Ima ilto: cra igdj07@ya hoo.com]

A nf 6 a/</'\nno 1a.12 Dlt

Re: FW: Public Information Request to DSHS resardins Texas Schoo.. htto ://us.mc456.mail.vahoo.com/mc/showMessase?sMid: I 09&fi d:S.. ^

$entr Friday, May 15, 2009 11:06 AMTo: McKay, MimiSubject: Re: Public Information Request to DSHS regarding Texas School Surueys

Ms. McKay,

Please inform me exactly what services I am being provided by your Department's 18hours of personneltime at a$270 fee rate. Ms. Mansell's May 14th letter and the invoicedid not confirm how much time I would be allowed to view the documents. as I reouestedin previous emails. The invoice only acknowledged that I would be allowed to view thelocaldistrict Texas SchoolSurveys covering years 1gB8 - 1994, not years 19BB - 1995 asI requested. Please confirm if DSHS has local school district Texas School Surveys fromeach year in the 19BB - '1995 range or if they only have the surveys for schooldistrictsthat participated inthe statewide Texas School $urvey of Subsiance Use in'1990, 1992,1994. (l am assuming no local schooldistrict surveys were conducted in'1988 based onthe list you provided on May 11th. Please confirm that too") Thank you.

Craig Johnson

--- On Thu, 5/'t4109, Mansell, Sherry <Sherry.Mansell@dshssfafe.fx.us> wrote:

From. Mansell, Sherry <Sherry.Mansell@dshs.state.tx.us>Subject. Public Information Request to DSHS regarding Texas School SurveysTo: craigdj0T@yahoo. comCc: "McKay, Mimi" <Mimi.McKay@dshs.state.tx.us>,hadassah.schloss@oag state tx. usDate: Thursday, May 14,2A09.5:32 PM

Mr. Johnson:I am writing in response to your e-mails submitted on May 12, and May 14regarding your recent request for records pertaining to Texas School Surveys ofDrug and Alcohol Use for the years 1998 through 1995. As indicated in Ms.McKay's e-mail of this date, the records you have requested are currently beingstored in our warehouse and are located in numerous boxes within thewarehouse, so there have been some logistical challenges in accessing ihephysical records. The Mental Health and Substance Abuse Services Division andthe Office of General Counsel are working to ensure that we provide you with theinformation requested and that our agency can efficiently accommodate yourneeds in accordance with the provisions of the Public Information Act.

Attached is a letter with an updated cost estimate for your request as you havemodified the original request to review and inspection. DSHS may charge forreview and inspection of records for the personnel labor associated withcompiling the records, pursuant to Tex. Gov't Code g 552.271(c)(1)(A)(2). Thisis because the information being requested is more that five {5) years old and itwill take more than five hours of staff time to make the information available forinspection. I have consulted and also copied Hadassah Schloss the CostAdministrator for the Office of the Attorney General on these communications.

In response to your request for inspection on May 1B and 19th raised in youre-mail of May 12,2009, the Department is unable to accommodate that aspectof your request at this time, however, we are willing to work with you andaccommodate a date and time, once we have the logistics worked out, and we

Re: FW: Public Information Request to DSHS regarding Texas Schoo' http : //us.mc45 6.mail.yahoo. com/mc/showMes sage?sMid- 1 09&fi d:S.

anticipate that all the responsive records can be available for your review by the

first week of June. This is to ensure ample time to compile the responsive

records and arrange for a meeting room for your review and Inspection

Additionally, we will be able to accommodate your request for certification of

certain survey books at the time of your review and inspection

<<craig Johnson Updated Estimate Letter MHSA School Surveys.51409.pdf>>

I hope that this has helped to ciarify some of your concerns pertaining to your

request, please contact our office should you have any additional questions

regarding this request

Sherry MansellLegalAssistantOffice of General Counsel - Enforcement Unit

1 100 W. 49th Street, M-534Austin, Texas 78756(512) 458-7111 e>dt. 3835e-mail: sherry. mansell@dshs. state. tx. us

From : Cra i g Johnson lma i lto : cra igdj07@ya hoo'comlSent: Thursday, May 14, 2009 9:38 AM

Tor McKay, MimiSubject: RE: Response to ORR enroute

'I'hank you. Clraig.lolinson --- On Thu.

Sl l4/0g,McKay, Mirni <Mrirrl ifiXniAdinr.ritn.t.r.rr, trrctte, Ittntn: Mcl(ay. Mirrri

<Mini.McKay-fOdshs.state.tx.us> Subject: Rli: Response to ORR enroute 'l'o: "Craig

Johnsor.r".:craigd.i07(4yahoo.coni:'Date: Thursclay, May 14,2009,9:?8 AM Dear Mr.

Johnson, We are working on the logistics of meeting your request to review

these records. Due to the volume of records you are requesting to review and

the storage area in which they are currently housed, there are several logistical

challenges that will need to be addressed. We will be in touch with you as soon

as possible to let you know the specifics in terms of your request to review these

records. Sincerely, illt::tt I'ltl:;ii'it:s. l'1i;,;:'.;'t'/ {,.t ;:' ii'i j ; .:i t."liit',,tt :';f

l:i : ;, : ) i,t ! * s' t: : ; : : :r,r iji t,l / ; .::;r,i,"f*ti.;

'1.., i.: :: ; :r l. i l; : :".; i'tr r:l ? i.::i r' i t:, t ;:; l i : :

li,,-: :i l,''l ; iitt ;:il'";,;ti /:',,t.i :',, i i :. T!, : 1,1 ",:

i:r:.tl i i't t::t: . i:il.'ili.

Craig Johnson fmailto:craigdj0T@yahoo.com] Sentl Tuesday, May 12, 2009

3:16 PM Tor McKay, Mimi Subject: RE: Response to ORR enrouteN4s. McKtry, please confirnr whether all accomrnodations in the firllowing reqLtest can be

arranged. C'raig.lohnsorr -- Ott Tue.

5ll2l0g, Craig Johnso n <cFaii4diAT@,;vahoo.itt'nl> irote: From: Craig Johnsorr

<craigc{j07(q?)yahoo.conr-' subject RIi: Ilesponse to oRR enroute'l'o: "Min.riMcKarv".:Mimi.McKay'(Ddshs.state.tx.us-' Date: 'I'uesda1", lVlay 12.2009' 9:-i2 AMAttn: Director o{'Public lnfonnation. 'I'exas Departtngnt of State Healtli Services {DSFIS)Dear I\4s. McKay, On May lSth and 19th I Lvant to irrspect at no cosi all o{'the local

scho6ol district Texas School Surveys of Drug and Alcohol tJse covering years 1 988

through 199-5 that DSI IS has. inc luding the survel's frrr r'v hich I have prev ious Iy rcq Lresled

copies. I rvill need an ait'-conditioned roont with a three prong power orflet for my

laptop computer and scanner and a tatrle to set thern ott. T'he scanner r.r'ill not require any

altering or r*mbincling of the survey books. I will also need tr:r r l.rtain a DSHS Clertificate

of Recolds ftrr some ofthe surve_V bools, so I will need to have access t0 a pel'soll

authorizcd by department policy or designation lo certily the records on May lSth and

l9th. I rvill neerd thc entire rime tlnt DSHS can provicie to inspect all of the documents on

5 of6 1151200912:16 PM

Re: FW: public Inlbrmation Request to DSHS regarding Texas Schoo... http://us.mc456.mail.yahoo'com/mc/showMessage?sMid:1O9&fid:s"'

May l Sth and 19th. Please infonn me tlte exact tirne frarne that I r'vill be allorved to vieu'

the requested documents onthose trvo cla.vs and the exact location I need to go to vie\v

therrr'Imal.alsobringanassistarrttohelpmeinspectthedocrrments,sopleaseinforrrtme it'any.arlangements neeci to be macie ftrr that. Please a<jvise' 'I'[rank yclu' Craig

Jcrlrnson --- On Mon' 51111$9' McKttv"

Mhni < ilI im i. X{ c Ka J{eitl s t r,s's t ut e' t -v u s> w rclte : From: Mc Ka'v''' M i mi

<Mirni'McKay@dslrs.stafe.tx.us:' Subject: RE,: Resporlse to 0RR enrorfe To: ''Cr.aiq

Jol.nson,, "."roig?iol.G)-vahoo.colD' cc: "ciarza" Is|ael" <lsrael.Garza([]dshs'state'tx'tts>

Date: Nlurday' Ma}' l1,2009, 1:48 PM The |etter and attachments Sent VoU oh\r

Friday are attached, Mr. Johnson. Note the pdf file includes-one page of n")compiete information you will find in the excel spreadsheet. Sincerely, i;nrti:r

:*'i,i:'fij':i:r; i1,ild'ijy' ii'f.,1,.. tt' | ;. li'l.'i.;.:;111;j.l.:il]i:]iiii1lii.i1,..:i'j]-|;].l:.Jr':{}i..li|,j

-;,-.:.'

:;;i:rll::: *l :ri# .;"i L.i.J:l'Lr'l

ii:;l'rl i: ttiri]:'ri;:.;.: i iiirl./ii..tri {-.:r:',i:,ir,, }il:iiil ;';:;:::; i'ii /+i:;;.it iir .{,]]

i\:,] ;:(.1..) i j,{9 ll;il'r'r';:,,rli:ir# ljl,r'l i

;...rJi.:.,',tii i.fl:'rlii.:lir.)fir:iii:f i:Ji:.ll,t;.}*ii'li,-\.i.i::l FrOm: Craig JohnsOn

lmailto:craigdj0T@yahoo.coml Sent: Monday, May 11, 2009 11:43 AM To:

McKay, Mimi Subject: R.e: Response to OOR enroute

J\4s. McKay, please enrail a copy of that letter to nte and all fuarre correspotrdettce'

'Ihank -vou- Craig .Tohnson I On Fii'

5/8/09, McKay, Mimi <Nlirni.hIcKtrii!,iiishs state.-iYis" irirte: From: McKav' Mimi

<Mir-ni.McKay(zldshs.state.t.x.us>' Subj cct: Response to 0oI{ enroute To: "Craig Johnson"

<craigdjO7((iyahoo.coni:, L-c: "Garza, Israel" <.lsrael.Garza@)dsbs'state tx'us> Date:

rriday, Ma1,8.2009.6:43 I'M Dear Mr. Johnson, This is to inform you that a letter

was sent to you tooay in response to your recent open records requests to this

division. you should be in receipt of this correspondence by Monday. Should you

have any quesilons regarding this letter or any other issues pertaining to this

matter, ptea"e direct those to my attention Sincerely, 'Vil'rr i;i:tr::rt;':':: !''i"::i4;""'

il.l .{r. . ;i.ri. i- tt. i:, {-.riit:i *:' 'riil:ii.jli',rlr,J li;tii,. j-=;';i:i; ;:i3'';1;,1,,o-

ii,;:ir"tr;;i']l l''ilt: 1...,:t;)t,:' i:li'j-i:, 'l!rjjl il 'i'";i": ::!:'t':t:;' i:i:i!!' "i"'i

':il"t"i"l

i.:ii]1j:{:l.(:}l}ii:i.ii]:r.*.if::;l,;,!|ji:::|}|.:.4i.1;|;;1.tij:lll;i:j,:.l"iijiij.i"J,i|},l: ;:', !1, .r1 :'j{' .i

";i i*'llrt;$i:i-.fl t.#i

6 of67151200912:16 PM