December 2, 2009

Texas Office of the Attorney General

Open Records Division
PO Box 12548
Austin, TX 78711
FAX: 512-481-1992

I am filing a complaint against the Texas Department of State Health Services for not complying with the Texas Public
Information Act. On October 13th, I requested that DSHS Commissioner David Lakey authorize the publishing of Texas
School Survey Reports to Scribd.com, a popular document sharing website, and if he could not authorize the publishing
of those documents, I requested that he provide to me “any official policy that may prevent DSHS from publishing any of
the reports.” On October 30th, General Counsel Lisa Hernandez, on behalf of Commissioner Lakey, responded to my
October 13th request by stating the following:

“The department will not be publishing the Part I District Surveys, Part III Executive Summaries and the
Methodology and Validity Analysis reports on the Scribd.com web-site you proposed. This web-site is not
approved by the Department of Information Resources, which mandates what state agency information
technology commodities can be used.”

I repeatedly followed up with Ms. Hernandez and Commissioner Lakey on three different dates (i.e. November 3rd, 5th
and the 16th) requesting the exact official policy statement that prevents them from publishing the Texas School Survey
Reports to Scribd.com.

On November 23rd, Ms. Hernandez finally responded that DSHS does not possess such documents even though she
clearly stated that her department is operating under a state mandate originating from the Texas Department of
Information Resources. It is my opinion that DSHS is required to disclose official mandates that govern their state
agency’s operations.

I would appreciate if your office would look into this matter. Please forward all future correspondence to me
in writing. Thank you.

Craig Johnson
[Contact information omitted from this document]

Enclosures: Email correspondence between Craig Johnson and DSHS dated October 13 – November 23, 2009
(4 pages)