11/11/2020 – Denton County, TX
In a previous report we outlined how the Denton County Health Services Department has refused to provide oversight of their statistics. Texas Attorney General Ken Paxton’s office agrees. The people simply have no right to verify any health-related information collected by the County.
As a follow up to this story the Trophy Club Journal began to dig deeper and conduct our research in a more circular way. We sent another Open Records Request (ORR) to Nancy West, Administrative Specialist II, Denton County Criminal District Attorney’s Office, Civil Division … this is the office that is responding to our ORR submittals.
Our request stated,
“Good morning Mrs. West,
We have observed that the Denton County COVID website now contains the data at the City level that we previously requested and which you made claim was not compiled. I am pleased that you have changed your mind, decided to compile the information, and present it to the public.
In light of Ken Paxton’s recent ruling that you are not required to provide data that contains private health information, I am submitting this new request for open records.
1. Please provide me a copy of the policy that directs you where and to whom you are to provide the COVID information that you collect.
2. If not contained within the same document as above, please provide the policy that outlines what type of information you are to include in that distribution.
Sincerely, Michael E. Pipkins, Executive Editor, Trophy Club Journal”
We feel this is a pretty straight forward request. One that is easily obtainable and doesn’t violate any sort of HIPPA law. To summarize, all we want is the policy that tells them what type of information to collect and whom they are required to send the data once they collect it. Easy right?
Apparently not.
The first response from Nancy is simply a boilerplate response to obfuscate their desire not to answer the request. She stated,
“Pursuant to your below request, Denton County Public Health follows the laws set forth in Texas Government Code, Health and Safety Code chapter 81 and HIPAA provisions where the code is silent. Having said that, the type of information released is outlined in the aforementioned laws. This concludes your request.”
Clearly, the Denton County Health Services District is doing everything they can to avoid complying with Texas open records laws.
So we respond to Mrs. West. (Admittedly, our patience is running thin due to this obvious obstruction.”
“Mrs. West,
Your response is unacceptable. I have asked you to provide your written policies on the matter regarding whom you are required by law to share the information, not for private information of any individual. I demand that you seek an interpretation from Ken Paxton’s office.”
So here’s where it gets, interesting.
We receive a response to this last correspondence from Tony Paul, Assistant District Attorney, Denton County Criminal District Attorney’s Office, Civil Division. His response is perhaps even more shocking.
“Mr. Pipkins, Denton County Public Health does not have written policies. Therefore, we will not be seeking AG Opinion as there is no information to provide to the AG’s office to review and provide an opinion thereof. Having said that, your request is concluded. Sincerely, Tony Paul”
Allow me to highlight that again just in case you are completely baffled by what Tony Paul just wrote … “Denton County Public Health does not have written policies.”
Denton County Public Health does not have written policies.
From here, we are not exactly sure where to go with this. What are we to make of it? Are we to accept that Mr. Paul thinks the people are so stupid to accept his word that the health department operates without a single written policy? Even if he misspoke and intended to apply his statement soly to policies related to COVID … how could this possibly be true?
Perhaps even worse, what if it ACTUALLY IS TRUE?
Staggering are the implications either way. Is the Denton County Health Services District a rogue agency with absolutely no oversight by anyone? Is it even remotely possible that such a large agency can operate without written policies?
Our last email to Mr. Paul, of which we are currently awaiting a response at the time of this publication, is as follows.
“Mr. Paul,
No disrespect but this makes absolutely no sense. You can’t run a Health Department without written policies. Someone somewhere has told you what information to collect and where to send it once you have collected it.
Do you report data to the CDC? Do you report data to the State of Texas? What federal agencies do you send COVID data? Are you involved with contact tracing? If so, who do you send the data so that they can do their job?
Can you understand why the people of Texas are so upset? They want to know the truth about COVID and their health and these are the responses you provide.
Sincerely, Michael E. Pipkins, Executive Editor”
At this point we are not sure if we will ever be able to get a straight answer, or if they will ever provide any records as mandated by law. Unfortunately, at the Trophy Club Journal we don’t have the resources to fight these responses in court. Perhaps they know that.
So, we are reaching out to you, our readers, for assistance. We need you to spread the word far and wide that there is something fishy with the reporting of statistics. Why is the government so determined NOT to allow any oversight or examination of the data? They will not tell us what information they are collecting nor will they tell us whom they are sending the information they collect. They won’t even tell us who is calling the shots.
To look deeper and investigate further, some group will have to stand up and volunteer to represent the People in court. So, we ask you to help us find that group. If you want the truth, as we do, please help us.
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