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Letter From TRWD Regarding Open Records Request

Letter From TRWD Regarding Open Records Request

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Published by avalanche50
letter from TRWD to Texas Watchdog reporter in 2012
letter from TRWD to Texas Watchdog reporter in 2012

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Published by: avalanche50 on Aug 13, 2013
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10/16/2013

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KYLE
T.
GRAY
POPE,
HARDWICKE
CHRISTIE,SCHELL,
KELLY
&
RAY,
L.L.P.
ATTORNEYS
ESTABLISHED
19S2
901
FORT
WORTH
CLUBBUILDING
306
WEST
7TH
STREETFORT WORTH, TEXAS
76102-4995
(817)
332-3245
FAX (817)
877-4781
January 4, 20122
ROBERT
E.
HARDWICKE0889-1970)ALEX POPE,
JR.
0913-1988)
ROBERT
E.
HARDWICKE,
JR.
(1917-1991)
Via
CM-
RRR
No.
7011
0470 0002 1414 9342
and
First Class Mail
&
e-mail:stevemiller@Jexaswatcltdog.com
Steve MillerTexas Watchdog945 McKinney St. #221Houston, Texas 77002Re: Your December 22, 2011 and December 27, 2011 Texas Public Information Act(Open Records) RequestsDear Mr. Miller:This letter is sent to you on behalf
of
the Trinity River Vision Authority ("TRVA") andthe Tarrant Regional Water District ("TRWD"). As you may or
may
not know, TRVA is aTexas non-profit corporation created
by
the TRWD. We serve
as
General Counsel to TRWDand TRY
A.
This letter is sent in response to your December 22, 2011 "Open Records Request"email to Matt Oliver, an employee
of
the TRVA (the "email"), and your December 27, 2011letter to J.D. Granger, Executive Director
of
the TRVA (the "letter"). Even though your emailappears to assert that the email had been previously sent and received prior to December 22,2011, TRVA first received your email on December 22, 2011, at approximately 9:52 a.m.Because your email and your letter make the identical requests for information, this letter willserve
so
as to respond to both your email and letter. You make the following public infonnationrequests in your email and letter:"All emails between staff, directors and commissioners at the Trinity River VisionAuthority and any and all representatives
of
the offices
ofU.S.
Rep. Kay Granger.This is to include communication with Ms. Granger as well
as
all staffers andcontractors -including lobbyists
-working
for or on behalf
of
Ms. Granger. Thedates for this request begin March
1,
2006 and runs to December
6,
2011.""All emails between staff, directors and commissioners at the Trinity River VisionAuthority and Tim Love, Woodshed Smokehouse, and all representatives
of
TimLove, White Elephant Enterprises, LDWB, Love BS #2, Love BS #3, LoveSpirits, River Shack, and Woodshed Smokehouse and all representatives
of
bothparties[.] I seek all emails between January
1,
2009 and December
6,
2011."
 
Mr. Steve MillerJanuary 4, 2012Page 2"The top ten salaried employees at the Trinity River Vision Authority and theamount paid to those employees in 2010, including bonuses, overtime, carallowances, phone allowances, entertainment allowance, deferred benefits andpay, and any other form
of
compensation.""All requests for public information received
by
the authority between January
1,
2006 and December
6,
2011."You further request that
"if
any
of
the requested records are maintained electronically,[you] seek access to them in an electronic format.
If
they exist in an electronic, searchable,database-readable fonnat (such as .csv, .xls,
..
hst, txt or .dbf files), [you] request access them tothat in that searchable format."Please be advised that preliminary information available to TRVA and TRWD reflectsthat your Requests potentially seek a large amount
of
information, which
may
includeinformation which is excepted or exempted from disclosure
by
the Texas Public h1formation Act,including attomey-client privileged communications, infonnation protected
by
work productprivileges, infonnation protected
by
constitutional privacy rights, information relating
to
litigation, infonnation relating to trade secrets or certain commercial, financial or otherproprietary information, info1mation relating to economic development, and other privileged,confidential and/or excepted information. Please be advised that the foregoing list is notexhaustive and other exceptions and/or exemptions
may
apply. Pursuant to §552.222(b)
of
thePublic Information Act
[TEX.
Gov'T
CODE
§552.222(b)], we therefore write you this letter todetermine whether you might be able to narrow and/or clarify the scope
of
your Requests,whether you intend that your Requests be extended to matters which TRVA or TRWD maydetermine are excepted from disclosure, and whether you will authorize the exclusion
of
suchdocumentation from the response.
At
such time as you are able to provide us with your written reply to this letter, forpurposes
of
narrowing and clarifying your Requests, we will again attempt to respond to yourRequests at that time. In any event, please be advised that should you not reply to this requestfor clarification within sixty-one (61) days, or
by
March
5,
2012, then, pursuant to § 552.222(d)and (e)
[TEX.
Gov'T
CODE
§552.222(d), (e)], we will consider your Requests withdrawn and/orotherwise fulfilled.In the meantime, should you have any questions or comments, please do not hesitate tocontact me. Thank you.Very truly yours,
I(
-f.
>:.
'
(
Kyle
T.
Gray
V

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