Open Records Complaint Against Ray Reynolds of Glen Rose Medical Center - 4/26/2016


Open Records Complaint Against Ray Reynolds of Glen Rose Medical Center - 4/26/2016

26 April 2016 at 9:38:55 AM

Back on January 22, 2016, I did an open records request to Ray Reynolds, who acts as the public information officer for fulfilling these types of requests, for Glen Rose Medical Center/Somervell County Hospital District. My request was

Note that I specifically said I was not asking for a compiled or created report but to inspect the individual complaint/grievance documents.Also note that I asked to inspect the original grievance/complaint documents in person.

Mr Reynolds wrote me back via email to indicate he had received the request on January 22, 2016 and was going to run the request past the Somervell County Hospital District attorneys, Reed, Claymon, Meeker and Hargett, to check for possible HIPAA information. This seemed reasonable to me, and I assumed that the attorneys would write to the AG if they saw any issues. 

Then... I heard nothing else. When any citizen asks for an open record, it is the obligation of the government entity being asked to fulfill the request as quickly and reasonably as possible. Certainly if there was an objection with sending me the information I requested, the correct action would have been for Mr Reynolds to, within 10 business days, send a letter or have Reed, Claymon, Meeker and Hargett send a letter, to the Texas Attorney General explaining why he wished not to supply the information. He didn't do that. 

I then sent a letter to the Texas AG of complaint that Reynolds had not acted upon my request. The AG sent a letter to Reynolds asking him to explain, in writing, why he had not done so. 

On  March 24, 2016,  Reynolds sent me, rather than what I asked for, a compiled and redacted log of the complaints, rather than the complaints themselves. Because there is a footnote on each page that says "Return to Quality Director", this appears to be a report the Quality Director created from the original complaints and grievances themselves. I then sent another letter of complaint to the Texas AG and got back this cc reply from the AG on April 6, 2016. 

Note that the AG recognizes that Reynolds did not give me the information I asked for, and  tells him to "please clarify whether the district maintains and has provided documents related complaints and grievances, instead of a log" and then ".. please clarify under what authority the district has redacted information". This is, again, because if Reynolds had any concerns about releasing information, HE CANNOT MAKE THAT DETERMINATION HIMSELF, but must send what he wishes to withhold or have redacted to the AG to have THEM make the determination. Likewise, the Reid attorneys cannot make that determination but would also have to send along the information to the AG. They can't simply decide on their own to change what I asked for, and then redact whatever they feel like they don't want to show. (I have explicitly told the law firm in a previous request that they do NOT ever have my permission to redact information according to their own lights). And keep in mind that none of these parties even bothered to respond without me having to vigorously complain.

It is now April 26, 2016. According to the above letter, Reynolds had 10 business days to respond to the Attorney General, so I should be FINALLY getting my reply back about this. 

P.S. Here is, with a Somervell County Salon watermark, the log pages I was sent (NOT what I asked for)

Update: I went up to the Us Western District to read up on the Turk v Reynolds and Somervell County Hospital District case. I noticed in one of the filings that the Turks had put in at least 4 grievances to Ray Reynolds, which they allege Reynolds ignored. In the log file I was sent (which AGAIN, was NOT how I requested this) there is NO mention of any grievances and the log starts in February 2015. There is also no mention of a grievance by Dr Turk in September 2015. Since I explcitly asked for grievances as part of my request, Ray Reynolds would have had to, within 10 business days, go to the AG to tell me why he contested sending this to me. He can't just not reference it, it's an open record. Since, on 4/28/2016, I have not yet seen a reply to the AG telling Reynolds to basically justify the log file and the redactions, I've sent an additional complaint regarding the grievances which are missing.

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