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CITY OF HOUSTON
BHI
white
Legal Department Mayor
Arturo MichelCity AttorneyLegal DepartmentP.O. Box 368
July 20 2009
Houston, Texas 77001-0368
City Hall Annex900 Bagby, 4th Floor
Houston,
Texas 77002
Sent
via
electronic mail to:
T
832.393.6491Jennifer Peebles
F.
332.393.6259Deputy Director, Texas Watchdog www.houstontx.gov
jennifer@texaswatchdog.org
Re:
Your Texas Public Information
Act
request dated
May 26,
2009,
for
records indicating
how
much
the
Houston AirportSystem paid all of its employees between January
1,2009
andDecember 21, 2008, including
the
employee's name,
the
amount of their
pay,
their job
title,
or classification and the unit,division
or
office
of
the
airport system
for
which they work;Transportation Security Administration ("TSA") Ruling datedJuly 16, 2009Dear Ms. Peebles:As
you are
aware from your copy
of
the
TSA
Ruling dated July 16, 2009,
the
City
has
received
a
response
to our
request
for
an opinion from the TSA. Because the TSA
has
determined that we must release the responsive documents
to
you,
we
are closing thisportion
of
our file on this matter. Please note that we are still awaiting an opinion from
the
Attorney's General's office on the remaining portion
of
this request.By copy
of
this letter,
we are
requesting
the
Houston Airport System
to
provide
the
responsive documents to you in accordance with the TSA's ruling.
If
you have a questionabout your public information request, please contact Beverly Roach
at
(281) 233-1865.Jill Bradford
Paralegal^
cc: Beverly Roach,
HAS
Council Members: Toni Lawrence Jarvis Johnson Anne Clutterbuck Wanda Adams Mike Sullivan M. J. Khan Pam Holm Edward GonzalezJames G. Rodriguez Peter Brown Sue Lovell Melissa Noriega Ronald C. Green Jolanda "Jo" Jones Controller: Annise D. Parker
07/16/200.9.
36/1^/2389
16:2613:4928198615422819861542TSA
IAH LAW
PAGE 82/03
TransportationSecurityAdministration
U.S.
Department of Homeland SecurityTransportation Security AdministrationOffice of Chief Counsel3838
N
Sam Houston Pkwy E, Suite 510Houston, Texas 77032
July 16,2009
Evelyn NjugunaAssistant City AttorneyCity
of
HoustonLegal DepartmentPO Box 1562Houston, TX 77251-1562
Re:
Texas Public Information request dated May 26, 2009, from JenniferPeoples, for "records indicating how much the Houston Airport Systempaid all
of
its employees between Jan. 1, 2009, and Dec.
21,
2008. Theserecords should indicate the employees name, the amount
of
their pay,their job title
or
classification and the unit, division
or
office of the airportsystem for which they work."Dear Ms. Njuguna:This
is
in response
to
your letter, dated June 16, 2009, which requests that theTransportation Security Administration (TSA) make
a
determination on the disclosure
of
the above referenced records. Included with your correspondence
is a
representativesample
of
the responsive list
of
information that contains the names, position title andwages
of
Houston Airport System (HAS) employees. You note that the responsiverecords may constitute Sensitive Security Information (SSI) that must be protected fromunauthorized public disclosure under 49
C.F.R.
Part 1520.On July 2, 2009, we also received
a
letter in connection with this request from Ms.Jennifer Peebles of Texas Watchdog. Her tetter sets forth
a
number
of
arguments
on
why the referenced requested information should not be deemed SSI.As you know, generally, SSI
is
information obtained
or
developed in the conduct
of
security activities, including research and development, the disclosure
of
which TSA hasdetermined would be detrimental
to
the security
of
transportation, reveal trade secretsor privileged
or
confidential information, or would constitute an unwarranted invasion
of
privacy. More specifically, under 49
C.F.R.
§
1520.5(b)(11), SSI includes identifyinginformation
of
certain transportation security personnel.While subsection (A)
of
1520.5(b)(11) includes list of the names
of
persons havingunescorted access
to a
secure area
of
an airport
or
a secure
or
restricted area
of
amaritime facility, port area or vessel, neither the information request nor the City's
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