From: Mark Hudak
Sent: Monday, April 04, 2011 11:36 AM
Subject: RE: Public Records Request
 

                The District has provided all the nonprivileged records that are responsive to your Public Records Act request.  The records that have not been produced due to employee privacy concerns (very few in number) have been described for you.  There is nothing further to resolve. 

 

                If you believe that any nonprivileged documents have been withheld, please identify them or provide a basis for your belief.  Otherwise, this mater will be deemed closed.


 
From: Jack Hickey
Sent: Monday, April 04, 2011 10:51 AM
Subject: Re: Public Records Request
 
Mr. Hudak,
    Absent any Policy on the subject, staff is not prohibited from providing such access.  Conversely, they are not required to provide such access.  Staff serves at the pleasure of the Board, and under the direction of the Board President.
    It is my contention that my PRA request for specific Peachtree files, while partially satisfied by the District’s provision of ExCel files with personal information redacted, is incomplete.  If, in fact, there is no more non-private information contained within the Peachtree file system, my request for an interactive demo of the Peachtree accounting system should resolve this matter. 
   


From:
Mark Hudak
Sent: Wednesday, March 30, 2011 7:58 AM
Subject: RE: Public Records Request
 

                You mischaracterize what I have said.  There is no Board policy granting Board members direct access to the District’s computer system.  Without such a policy, the staff is not authorized to provide such access on its own.  The Board has not prohibited anything at this point.  Again, if you want to pursue this request, then you should approach your fellow Board members and make your case for a forma policy.

 

                The check register reflects the amounts paid by the District each month.  Most of the payments are to recurring accounts and vendors, who you should recognize, or to the recipients of grants approved by the Board.  If you have questions about a particular payment reflected in the register, whether as to the identity of the payee or the services or products received by the District, then you need to ask staff for that information.  Except for the very limited circumstances where the invoice reflects information protected by someone’s privacy or HIPPA rights, the staff should be able to answer your questions.  Kim Griffin and Lee Michelson are committed to ensuring that all Board members receive the financial information they need to perform their duties as elected officials.  If you have asked for specific information about a payment reflected on the check register and have not received a response, please let me know.



From:
Jack Hickey
Sent: Tuesday, March 29, 2011 4:40 PM
Subject: Re: Public Records Request
 
Mr. Hudak, as I mentioned in my last e-mail, “Such access is not prohibited by Board Policy”.  If the Board wishes to “prohibit” such access, so be it.
Regarding the check register every month, it was never detailed enough.  I would hope that future check registers would contain the information provided in the Excel files.
I can not understand why my request for an interactive demo of the Peachtree accounting system has been denied. 
 
Jack Hickey
 
Sent: Monday, March 28, 2011 1:38 PM
Subject: RE: Public Records Request
 

                Mr. Hickey:  Your records request was for the information stored in the District’s PeachTree financial software files.  That information has been provided to you.  You seem to have the impression that invoices and billings from vendors and others have been scanned into the District’s computer and incorporated into the PeachTree system.  That is simply not the case.  The invoices and bills are in hard copy only.

 

                You have been requesting direct access to the District’s computer system.  In my experience, such access is not the norm for elected officials and I am not aware of any legal requirement that such access be provided.  There is no Board policy to support this request.  You do receive a copy of the check register each month, together with the financials which are presented at the Board meeting and discussed by Lee Michelson, and staff is available to answer any specific questions you have about entries in the check register or items in the financials.  This is typical of the type of information normally provided to elected officials.

 

                If you are aware of some legal authority that would mandate direct access to a member of the Board of a healthcare district, I would be happy to consider it.  Otherwise, you would need to ask the Board as a whole to adopt a policy authorizing such access. 

 

From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Monday, March 28, 2011 11:45 AM
To: Mark Hudak
Cc: Kim Griffin; Lee Michelson
Subject: Fw: Public Records Request

 

Mr. Hudak, a recent letter from Board President Griffin (attached) requests that I communicate solely with you on all matters pertaining to my PRA request and all other requests for financial data.  Prior to that letter, I thought that much progress was being made in resolving this issue.  While my request was specifically for files maintained by Peachtree the ExCel files were very useful. 

    The remaining information in my request is available from within the Peachtree program.  That is, invoice and billing specifics or their derivatives.  My communications with President Griffin suggest a way to satisfy my request in a manner which would protect privacy and minimize staff time. 

    Apart from my formal PRA request, should I require more detail than that contained in the Peachtree files, implementation of Director access to the District computer would help all to carry out the fiduciary responsibilities of the office.  Such access is not prohibited by Board Policy.

    Your assistance in bringing about a speedy, and permanent solution to this public information access issue would be appreciated.

 

John J. Hickey
243 Ferndale Way
Emerald Hills, CA 94062
650-368-5722

 




From:
Kimberly Griffin
Sent: Wednesday, March 16, 2011 4:43 PM
To: 'Jack Hickey' ; 'Lee Michelson' ; 'Mark Hudak'
 

Please see attached letter.

 

Kim Griffin, R.N.

Children's Cardiology of the Bay Area, Inc.

Phone 650-558-8280

Fax 650-558-8281

 

From: Jack Hickey
Sent: Tuesday, March 15, 2011 10:34 AM
To: Kimberly Griffin
Cc: Lee Michelson ; MHUDAK@carr-mcclellan.com ; Terry@CalAware.org
Subject: Re: Public Records Request
 
Kim, I do not need a tutorial on Peachtree.  What I proposed was an interactive Peachtree demo.  The purpose of that was to ascertain what information is available within the Peachtree files I requested by interacting with Janeene as she navigates through Peachtree. The Excel files, while nice, are not complete.  They do not satisfy my PRA request.
In the past, I have received electronic copies of District Invoices by e-mail. 
 
Please arrange for me to have an interactive demo as proposed.
 
Jack Hickey
 
Sent: Tuesday, March 15, 2011 10:03 AM
Subject: RE: Public Records Request
 

All of the invoices are paper.  From an accounting standpoint you do not always put an invoice number on the check ledger. I know from experience doing our medical office accounting that some invoices are not always numbered.  In those cases you have to reference the invoice by the date you wrote the check and that is really not a hard thing to do.  There is nothing consistent about accounting since everyone uses different invoices and payment methods.  You would like to think everyone is on the same page with this, but they are not.   All you have to do is tell me which invoices you want.  It is that simple.  No one is prohibiting you access to the financial data.  You received the information you asked for.  Again, I will ask you to be specific about what you would like to see and I will obtain it for you. 

 

For matters such as access to the server and audio notes I prefer a more democratic and team approach; therefore, I would encourage you once again to contribute proposed policy changes as an agenda item.  Our next board meeting is April 6.  If you want something on the agenda let me know soon.  No one has submitted a policy change for the agenda suggesting that we limit access to you are anyone from the public.  I am confused about why you thought that might be the case especially in light of all the financial data you have recently been provided. 

 

I have no interest in an interactive Peachtree demo.  It looks similar to all the other accounting software that is available.  There are any number of IT specialist that you can hire that will give you a personal tutorial of that software or you might want to check Fry’s electronics.  I have not been there for some time, but they used to demonstrate some of the software they sold.  However I really believe that if you sat down with Peachtree and went through their tutorial you would probably get more of an idea of the capacity.  If you find one that simultaneously scans, reads and writes a check to an invoice please let me know, because I will buy it!

 

 

 


From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Monday, March 14, 2011 10:12 PM
To: Kimberly Griffin
Subject: Re: Public Records Request

 

Kim, I have no way of knowing which invoices are “paper” and which are imbedded in Peachtree.  Also, please tell me what type of invoice, which requires payment by the District, includes matters which affect the privacy of District employees or the director.  I can not imagine what they would be.  And, Peachtree software, which I have on my computer, reconciles payments with invoice numbers.  For instance, the General Ledger Report from Peachtree contains a “Reference” Field which includes payments and receipts with invoice numbers.  And, the program provides links to the actual Invoices where available.  The files I received pursuant to my PRA request do not contain that information.

 

    I suggest that we meet at the District office for an interactive demonstration of exactly what is and isn’t accessible within the Peachtree program.  And, to find out how “paper” invoices are handled.  I’m available tomorrow morning. 

 

    District Policy does NOT prohibit  providing Directors with access to District data.  As President of the Board you have discretion to make it happen.  Just as you have discretion to place recorded meetings on our website.  If any member of the Board wants to change policy to prevent such access, I welcome them to try.  I’m sure the Grand Jury would be interested in the outcome.

    You state that,   “...we are spending a lot of time trying to accommodate your requests...”.  The truth is that I have been spending a lot of time trying to make it easy for the District to open up it’s books to public scrutiny. 

 

Jack Hickey

 

 

 

Sent: Monday, March 14, 2011 2:31 PM

Subject: RE: Public Records Request

 

Jack the paper invoices are not scanned into the computer and are not included in Peachtree, which is why you did not see them on the information that was provided to you.  You can review invoices as long as they do not include matters which affect the privacy of District employees or the director.  Again, I will ask you to request specific invoices and make an appointment to review those invoices.  I think it would be best to direct the request for invoices through Lee and make the appointment with him as well.  I am also asking that you be judicious about requesting these invoices and keep in mind that we are spending a lot of time trying to accommodate your requests, which ultimately takes away from time needed to conduct the District’s other business providing much needed services to the district members. 

 

If you want copies of the invoices then they will be provided at the cost outlined in the District’s policies.  If your request involves research or an unusual amount of time, Lee will direct it to me in accordance with Board Policy No. 2.6. 

 

As you know, direct access to the computer system is not normally provided to District directors or any elected officials.  This would require a new Board Policy and you are welcome to ask that we put this on the agenda. 

 

 

 


From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Monday, March 14, 2011 12:02 PM
To: Kimberly Griffin
Cc: Lee Michelson; MHUDAK@carr-mcclellan.com; Terry@CalAware.org
Subject: Re: Public Records Request

 

Kim, my original PRA request for Peachtree files would have given me access to all invoice information which Peachtree stores.  Then, if I needed to see an actual paper invoice for details, I could request that information. 

    Please respond to my prior suggestion:  “I still think the ultimate solution is to provide all interested Directors with access to non-private information on the server.  Access to the Peachtree program and files, via user permissions, would obviate the need for my pursuing a PRA request as a private citizen.  A remote (from home) or wireless log-on, such as Glenn Nielsen has, would be preferred.  Staff need not be burdened by my requests if such access were provided.”

    Absent such access, I accept your offer to provide me with copies of paper invoices.  I expect that these have been scanned into the District computer, and are available in electronic format.  I request all invoices so stored.  Please advise me if this is not the case.

 

Jack Hickey

 

Sent: Monday, March 14, 2011 9:40 AM

Subject: RE: Public Records Request

 

Jack, invoices usually are submitted in paper form.  Most of the information on the invoice will not be connected to PeachTree.  Let me know which invoices you desire and I will provide those to you.  We have incurred legal fees related to the pension issue and of course your recent PRA request. The questions surrounding the pension required a substantial amount of time. 

 


From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Friday, March 11, 2011 3:56 PM
To: Kim Griffin
Cc: Lee Michelson; MHUDAK@carr-mcclellan.com; Terry@CalAware.org
Subject: Fw: Public Records Request

 

Kim, today as promised by Mark Hudak I received a CD with District Financials.  This is progress.  I am attaching the most useful files for your perusal.  The one which I have entitled NewCheckReg contains more detail than OrigCheckReg.  Ind.AccountDetail is very useful.  It helps one understand how financial numbers are derived.  The Board Health Insurance section is particularly informative.  

    Questions remain.  Where are actual Invoices stored?   Access to Peachtree would seamlessly provide links to these documents.  How do we differentiate between Communications and Public Relations?  What are “Legal Fees” actually  paying for.

    I still think the ultimate solution is to provide all interested Directors with access to non-private information on the server.  Access to the Peachtree program and files, via user permissions, would obviate the need for my pursuing a PRA request as a private citizen.  A remote (from home) or wireless log-on such as Glenn Nielsen has would be preferred.  Staff need not be burdened by my requests if such access were provided.

    It is outrageous, that as a Director elected as an advocate for the Taxpayer, I have been forced to expend such time and effort to acquire District information necessary to fulfill my obligation.

    Your support of my efforts to provide open access to District operations is most welcome.

 

Jack Hickey, Elected Director

 

Sent: Thursday, March 10, 2011 9:04 PM

Subject: Re: Public Records Request

 

Mr. Hudak, I am encouraged by this response, and am hoping that the Excel format includes links to invoices and other public documents stored in the Peachtree files I requested.

From: Mark Hudak

Sent: Thursday, March 10, 2011 3:00 PM

Subject: Public Records Request

 

                Mr. Hickey:  As I noted in my earlier memo to you, there are technical problems in providing you with exact electronic copies of the data in the Peachtree folders.   Staff is not aware of any process they can follow to edit out the portions of these files that reflect confidential personal information of the employees.  That leaves staff with two choices: prepare paper copies and edit the personal information manually, or re-format the data into an Excel format that allows editing and transmittal electronically.  Since you apparently do not want to have paper copies, staff has followed the latter course.

 

                A disk containing the records you have requested has been prepared and is being sent to you this afternoon via Federal Express.  You should have the package tomorrow.  If it does not arrive by the end of the day, please let me know.

 

                I trust that you will find the data and format to be satisfactory.  If you have any questions regarding the process that was followed to fulfill your request, please let me know.

 

I was confused about what you actually received.  As I now understand it you have received a copy describing our computer network system?  This looks about right in view of your description below. 

 


From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Monday, March 07, 2011 4:46 PM
To: Kimberly Griffin
Cc: Lee Michelson
Subject: Re: District Computer Network

 

Kim, I have heard nothing from Lee or Mark in this regard. 

Jack

 

Sent: Monday, March 07, 2011 12:40 PM

Subject: RE: District Computer Network

 

Jack, Lee advised me you were able to come in and get the PeachTree accounting.  Have you been able to review everything you need on this?

 


From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Monday, March 07, 2011 11:48 AM
To: Kimberly Griffin
Subject: Re: District Computer Network

 

E-mail accounts have separate passwords for each individual.  Server access can be restricted by the Admin.  Identififcation of areas requiring “privacy” should be established by the CEO, with oversight by the Board.  I’m not sure which e-maul traffic justifies “privacy”.  Many PRA requests for phone an e-mail records of public agencies have been successfully filled. 

 

Jack

Sent: Monday, March 07, 2011 8:59 AM

Subject: RE: District Computer Network

 

How do you protect email accounts for privacy if you have access to the server?

 


From: Jack Hickey [mailto:jackcapp@sbcglobal.net]
Sent: Thursday, March 03, 2011 3:09 PM
To: Kim Griffin
Cc: Lee Michelson; MHUDAK@carr-mcclellan.com; Terry@CalAware.org
Subject: District Computer Network

 

Kim, I spoke with Lee this morning about the District’s computer network.  I determined the following:

Precision Digital Networks (PDN) is our service provider.

An Intel based Dual-core Xeon Tower Server is connected to a Dynamic T1 line which also supports 5 voice lines.

There are six full data outlets connected to the server.

There are 3 HP/Compaq Business Desktop Computers, with CD-Burning and USB capability, connected to the server.

There is a wireless router installed on the server.

PDN has configured “users” on the server.

 

I suggest that Directors, upon request, be given “Read Only” access to the District server.    This would likely involve the services of PDN, as was done to provide Glenn Nielsen with wireless access.  Log-on from home computers, which may already be available to staff, would be nice.

Such access would obviate the need for contentious PRA requests.  “Director” users access to Peachtree data could be further restricted, if necessary, to protect privacy.

 

Jack Hickey

 

-----Original Message-----
From: Jack Hickey
Sent: Wednesday, March 02, 2011 11:24 AM
To: Mark Hudak ; Kim Griffin ; Lee Michelson
Cc: Terry@CalAware.org
Subject: Re: Public Records Act Request

 

                 Mr. Hudak, my specific request is unambiguous.  I repeat it here:

"Mr. Michelson, pursuant to the State of California Public Records Act (
GOVT. CODE §§ 6250 - 6276.48) I hereby request all financial records of the
District, in electronic format, which are contained in folders created by
Peachtree Software on computers used by the District.  I prefer that they be
sent via e-mail at no charge.  Provision of the requested records on CD
would be acceptable with a charge for media cost.   I understand that there
are exceptions to disclosure, and that the burden of justifying
nondisclosure lies with your agency.  Since I have already made less formal
requests for District records, I expect an expeditious response to this
request."

The following outlines the procedure for locating the requested files:
Rick Prindiville, rick@pcosupport.com, Peachtree Solution Provider,
Peachtree Certified Consultant, Custom Crystal Reports for Peachtree
www.pcosupport.com, www.peachtraining.com, www.crystalforpeachtree.com
Peachtree is designed to use a series of folders. One folder is for the
primary program and typically the second contains shared program elements in
the case of a multi-user environment and the third folder contains the
Company (personal) data files.
Open Peachtree and your Company. Click on MAINTAIN - Company Information.
The folder that contains all of the files that make up your personal company
data is listed on the line labeled "Directory".

It is these files which I have requested.  If they do not contain data prior
to July 2009, so be it.  They can be easily copied to a USB Flash drive, CD,
or sent by e-mail.
And, Peachtree allows the Administrator to grant limited access to the data
for other users.

Your statement, "District staff does not have that capability", lacks
credibility.  A technical summary of the installed network computer system
in the District Office is hereby requested.  Documents from the contracting
agency responsible for the installation should suffice.
In my opinion, your request for a 14 day extension is unjustified.

John J. Hickey
243 Ferndale Way
Emerald Hills, CA 94062
650-368-5722

-----Original Message-----
From: Mark Hudak
Sent: Sunday, February 27, 2011 1:08 PM
To: jackcapp@sbcglobal.net
Subject: Public Records Act Request

Mr. Hickey:  I have been asked to assist the District staff in responding to
your records request.  As you will see from the attached memo, there are
problems with the scope and technical requirements of your request.  I
believe that most of these can be addressed.  I would suggest that we confer
by telephone.  Monday is not promising, but I will be in the office most of
Tuesday.  If there is a time on Tuesday that will work for you, please let
me know and I can call you at that time.  Let me know the best number to
reach you.

From: Jack Hickey
Sent: Tuesday, February 22, 2011 3:38 PM
Subject: Re: financial information
 
My request stands as written.  I expect a District response within the 10 day period. 
John J. Hickey
 
Sent: Tuesday, February 22, 2011 3:02 PM
Subject: RE: financial information
 

It is ambiguous!  I cannot determine which part of the records you want.  I also made a reasonable request to you to look at these in manageable increments.  We already get the Peach Tree in email form.  So again, tell me what you want (and be specific) including dates and whatever detail you want as far as invoice or cancelled checks.  I believe we can open up each line on Peach Tree and print that material.  I want you to narrow the focus here and explain what you want.   Do you want to start with the last accounting we received? 

 

Sent: Tuesday, February 22, 2011 2:44 PM
Subject: Re: financial information
 
Kim, my request, a copy of which is appended below, was pursuant to the Public Records Act (PRA),.  It was sent on 2/17/2011 at 3:26 PM.  It is unambiguous.
A response, with any supportable exceptions is due 10 days from that date. 
Government Code Section 6253.  
(a) Public records are open to inspection at all times during
the office hours of the state or local agency and every person has a
right to inspect any public record, except as hereafter provided.
Any reasonably segregable portion of a record shall be available for
inspection by any person requesting the record after deletion of the
portions that are exempted by law.
   (b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
identifiable record or records, shall make the records promptly
available to any person upon payment of fees covering direct costs of
duplication, or a statutory fee if applicable. Upon request, an
exact copy shall be provided unless impracticable to do so.
   (c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in this
section may be extended by written notice by the head of the agency
or his or her designee to the person making the request, setting
forth the reasons for the extension and the date on which a
determination is expected to be dispatched. No notice shall specify a
date that would result in an extension for more than 14 days. When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request:
   (1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request.
   (2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
   (3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
   (4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
   (d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 shall set forth the names and titles or positions of
each person responsible for the denial.
   (e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.
 
Sent: Tuesday, February 22, 2011 10:02 AM
Subject: financial information
 

Jack, I was in the District Office yesterday talking to Lee.  He said you requested financial information.  I would like to start with one month at a time.  Take a look at what you have concerns about and be specific.  For example let me know what the check number is and what your question is.  Do you want an invoice or an actual copy of the check? 

 

Kim Griffin, R.N.

Children's Cardiology of the Bay Area, Inc.

Phone 650-558-8280

Fax 650-558-8281



From:
Jack Hickey
Sent: Thursday, February 17, 2011 3:26 PM
To: Lee Michelson
Cc: Terry@CalAware.org
Subject: Public Records Act request for Sequoia Healthcare District financial records
 

Lee Michelson, CEO

Sequoia Healthcare District

525 Veterans Boulevard

Redwood City, CA 94063

 

Mr. Michelson, pursuant to the State of California Public Records Act ( GOVT. CODE §§ 6250 - 6276.48) I hereby request all financial records of the District, in electronic format, which are contained in folders created by Peachtree Software on computers used by the District.  I prefer that they be sent via e-mail at no charge.  Provision of the requested records on CD would be acceptable with a charge for media cost. 

I understand that there are exceptions to disclosure, and that the burden of justifying nondisclosure lies with your agency.  Since I have already made less formal requests for District records, I expect an expeditious response to this request.
 
John J. Hickey
243 Ferndale Way
Emerald Hills, CA 94062
650-368-5722
jackcapp@sbcglobal.net