Re: FW: Public Information Request to DSHS regarding Texas Schoo

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Re: FW: Public lnformation Request to D$H$ regarding Texas School Surveyr

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"$hqpryM a nsell" <5he rry. Ma nse jl(qldshs.state tx'Lls > >, " LindaWiegma n" " M im iMcKay" < M im i' M cKay@ cls hs.state'tx. us


Ms. Mansell, if DSHS is able to identify which boxes in the warehouse have the secondary school level down surveys without conducting a physical review of the contents of each archive box, I would like narrow of Drug and Alcohol Use my May lBth request below to just those versions of the Texas School Survey covering years 1988 through 1995. Please advise.
Craig Johnson

--- On Mon, 5/{8/09, Craig Johnson <> wrote:
From: Craig Johnson <> 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

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.



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Re: FW: Public Information Request to DSHS regarding Texas

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I will also need to obtain a DSHS Certificate of Records for some of the survey books, so I will need to have access to a person authorized by department policy or designation to certify the records 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 past 30 days of allTexas School Surveys of Drug and Alcohol Use produced during years 1988 through


2. Copies of all official inventory documentation that DSIlS uses to track all the archive boxes containing Texas SchoolSurveys of Drug and Alcohol Use produced during years 1988 through 1995. This should include the tracking identification numbers of the archive boxes and a complete description of the contents for each box.
Please email all future correspondence. Thank you. Craio Johnson

--- On Fri, 5/15/09, Mansell, $herry <> wrote:
ansell, Sherry < Sherry. M ansell@dshs. state. tx. us> subject: FW. Public Information Request to DSHS regarding Texas school surveys To. craigdj0T@yahoo. com Cc: "McKay, Mimi" <Mimi. McKay@dshs.state.tx. us>, "Wiegman, Linda" < Linda.Wiegman@dshs. state. tx. us>, Hadassah. Schloss@oag. state. tx. us From:

Date: Friday, May 15,2009, 4'.2gPM Mr. Johnson: Ms. McKay forwarded your e-mail submitted earlier this morning regarding the services being provided by our Department's personnel time as indicated in the updated billing estimate. As previously discussed, the documents that you have requested exist in a series of approximately 50 archival boxes that are currently being stored in our warehouse storage room on 2large pallets in no particular order" In formulating our estimate of charges for the records specific to your request we estimated that the records are in approximately 25 of the 50 boxes and estimated 40 minutes review time per box to search for the responsive records. So for the April 28In request, if there are25 boxes of records x40 minutes each = 17 hours. Then'17 hours + time to move the responsive boxes to a room for your review of t hour = 18 hrs. personnel time. As indicated in the May 14 letter, because the information being requested is more that five (5) years old and it will take more than five hours of staff time to make the information available for inspection, DSHS may charge for the time it takes to prepare the responsive records to your request pursuant to TEx. Gov'r coor g s52.271(cX1XAX2). Based on the estimated 18 hours of personneltime and pursuant to'1 Tex. Admin. code. 70.3, we applied the amount an agency may charge for labor related to compiling records



Re: FW: Public Information Request to DSHS regarding Texas Schoo.. 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 Code 552.2615 and 1 Tex. Admin. code. 70.3, which ailow a governmentat body [DSHS] to charge for agency staff time to compile and prepare the records for your review. Should you have additional questions or concerns about the billing estimate our agency submitted regarding this request, please contact Hadassah Schloss, the Cost Rules Administrator - Open Records Division - Office of the Attorney General by phone at 512-47 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 records responsive to your request. The records that DSHS has responsive to your request includes school participants from'1988 to 1995, in the updated billing estimate 1994 was a typographical 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 that participated in the survey according to our contractor.
I hope that this information has helped to clarify your concerns pertaining to your request for review and inspection. Sherry Mansell

LegalAssistant Office of General Counsel - Enforcement Unit 1 100 W. 49th Street, M-534 Austin, Texas 78756 (512) 458-711 1 ext. 3835
e-mail: sherry. mansell@dshs. state. tx. us -----Original Message----Fromr McKay, Mimi Sent: Friday, May 15, 2009 11:22 AM Tor Mansell, Sherry Cc: Wiegman, Linda; Liu, Liang; Reedy, Patricia Subject: FW: Public Information Request to DSHS regarding Texas School Surveys Importance: High

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











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Cra ig Joh nson Ima ilto: cra igdj07@ya]

Re: FW: Public Information Request to DSHS resardins Texas Schoo..


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$entr Friday, May 15, 2009 11:06 AM To: McKay, Mimi Subject: 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 18 hours of personneltime at a$270 fee rate. Ms. Mansell's May 14th letter and the invoice did not confirm how much time I would be allowed to view the documents. as I reouested in previous emails. The invoice only acknowledged that I would be allowed to view the localdistrict Texas SchoolSurveys covering years 1gB8 - 1994, not years 19BB - 1995 as I requested. Please confirm if DSHS has local school district Texas School Surveys from each year in the 19BB - '1995 range or if they only have the surveys for schooldistricts that 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 on the list you provided on May 11th. Please confirm that too") Thank you. Craig Johnson

--- On Thu, 5/'t4109, Mansell, Sherry <> wrote:
From. Mansell, Sherry <> Subject. Public Information Request to DSHS regarding Texas School Surveys To: craigdj0T@yahoo. com Cc: "McKay, Mimi" <>, hadassah.schloss@oag state tx. us Date: Thursday, May 14,2A09.5:32 PM Mr. Johnson: I am writing in response to your e-mails submitted on May 12, and May 14 regarding your recent request for records pertaining to Texas School Surveys of Drug 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 being stored in our warehouse and are located in numerous boxes within the warehouse, so there have been some logistical challenges in accessing ihe physical records. The Mental Health and Substance Abuse Services Division and the Office of General Counsel are working to ensure that we provide you with the information requested and that our agency can efficiently accommodate your needs in accordance with the provisions of the Public Information Act. Attached is a letter with an updated cost estimate for your request as you have modified the original request to review and inspection. DSHS may charge for review and inspection of records for the personnel labor associated with compiling the records, pursuant to Tex. Gov't Code g 552.271(c)(1)(A)(2). This is because the information being requested is more that five {5) years old and it will take more than five hours of staff time to make the information available for inspection. I have consulted and also copied Hadassah Schloss the Cost Administrator for the Office of the Attorney General on these communications.
In response to your request for inspection on May 1B and 19th raised in your e-mail of May 12,2009, the Department is unable to accommodate that aspect of your request at this time, however, we are willing to work with you and accommodate a date and time, once we have the logistics worked out, and we

Re: FW: Public Information Request to DSHS regarding Texas Schoo'

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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 Mansell

LegalAssistant Office of General Counsel - Enforcement Unit 1 100 W. 49th Street, M-534 Austin, Texas 78756 (512) 458-7111 e>dt. 3835
e-mail: sherry. mansell@dshs. state. tx. us From : Cra g Johnson lma i lto : cra igdj07@ya hoo'coml Sent: Thursday, May 14, 2009 9:38 AM Tor McKay, Mimi

'I'hank you.

RE: Response


ORR enroute

--- On Thu. Mcl(ay. Mirrri 'l'o: "Craig <> Subject: Rli: Response to ORR enroute 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


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Craig Johnson] Sentl Tuesday, May 12, 2009 3:16 PM Tor McKay, Mimi Subject: RE: Response to ORR enroute N4s. McKtry, please confirnr whether all accomrnodations in the firllowing reqLtest can be -- Ott Tue. arranged. C'raig.lohnsorr

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'(' Date: 'I'uesda1", lVlay 12.2009' 9:-i2 AM Attn: 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



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Texas Re: FW: public Inlbrmation Request to DSHS regarding


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

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

therrr'Imal.alsobringanassistarrttohelpmeinspectthedocrrments,sopleaseinforrrt a<jvise' 'I'[rank yclu' Craig me it'any.arlangements neeci to be macie ftrr that. Please --- On Mon' 51111$9' McKttv" Jcrlrnson

Ka'v''' M i mi Mhni < ilI im i. X{ c Ka J{eitls t r,s'st ut e' t -v u s> w rclte : From: Mc Subject: RE,: Resporlse to 0RR enrorfe To: ''Cr.aiq <Mirni''


cc: "ciarza" Is|ael" <lsrael.Garza([]dshs'state'tx'tts> Sent VoU oh\r Date: Nlurday' Ma}' l1,2009, 1:48 PM The |etter and attachments pdf file includes-one page of n") Friday are attached, Mr. Johnson. Note the i;nrti:r compiete information you will find in the excel spreadsheet. Sincerely, tt' | ;. li :*'i,i:'fij':i:r; i1,ild'ijy' ii'f.,1,..
.{,]] }il:iiil ;';:;:::; i'ii /+i:;;.it iir j,{9 ll;il'r'r';:,,rli:ir# ljl,r'l i ";i i i \:,] ;:(.1..) i ii:;l'rl i: ttiri]:'ri;:.;.: i ii i:i-.fl t.#i FrOm: Craig JohnsOn ;...rJi.:.,',tii i.fl:'rlii.:lir.)fir:iii:f i:Ji:.ll,t;.}*ii'li,-\.i.i::l May 11, 2009 11:43 AM To: lmailto:craigdj0T@yahoo.coml Sent: Monday, enroute McKay, Mimi Subject: R.e: Response to OOR




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McKay, please enrail a copy of that letter to nte and all fuarre correspotrdettce' On Fii' 'Ihank -vou- Craig .Tohnson irirte: From: McKav' Mimi 5/8/09, McKay, Mimi <Nlirni.hIcKtrii!,iiishs state.-iYis" <Mir-ni.McKay(>' Subj cct: Response to 0oI{ enroute To: "Craig Johnson" <craigdjO7((iyahoo.coni:, L-c: "Garza, Israel" <.lsrael.Garza@)dsbs'state tx'us> Date:


you that a letter rriday, Ma1,8.2009.6:43 I'M Dear Mr. Johnson, This is to inform requests to this was sent to you tooay in response to your recent open records Should you division. you should be in receipt of this correspondence by Monday. pertaining to this have any quesilons regarding this letter or any other issues !''i"::i4;""' matter, ptea"e direct those to my attention Sincerely, 'Vil'rr i;i:tr::rt;':':: il.l .{r. . ;i.ri. i- i:, {-.riit:i *:' 'riil:ii.jli',r lr,J li;tii,. j-=;';i:i; ;:i3'';1;,1,,o"i"'i ':il"t"i"l ii,;:ir"tr;;i']l l''ilt: 1...,:t;)t,:' i:li'j-i:, 'l!rjjl il 'i'";i": ::!:'t':t:;' i:i:i!!'

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