City of Dallas

VIA FAX NO. (512) 463-2092 October 4, 2011 Honorable Greg Abbott Attorney General of Texas 300 W. 15th Street Clements Building, 12th Floor P.O. Box 12548 Austin, Texas 78711 Re: Withdrawal of Request for an Open Records Decision

Dear Attorney General Abbott: By letter (Exhibit A) dated September 29, 2011, the city of Dallas ("city") requested an opinion on whether information requested by Raymond Crawford should be withheld from mandatory disclosure under the Public Information Act, Chapter 552, Texas Government Code (the "Act"). The U.S. Army Corps of Engineers has informed the city that they have no objection to the release of the requested information; therefore, we are withdrawing our request for an open records decision on this matter. We will provide the requested information to Mr. Crawford. If you have any questions regarding this matter please contact me or Assistant City Attorney Heather Silver at 214-670-3519. Respectfully submitted,

WARREN M. S. ERNST Chief of the General Counsel Division Attachments

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Thomas P. Perkins, Jr., City Attorney Heather Silver, Assistant City Attorney Jeri Carter, Public Information Office Raymond Crawford

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OFFICEOF THE CITYATTORNEY CITY HALL DAllAS,TEXAS 75201 PHONE214-670-3519 FAX214~70-0622

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September 29,2011 Raymond Crawford

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Dear Mr. Crawford:

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Re: Request for an Open Records Decision

This letter responds to your open records request received by the city of Dallas on. September 8, 2011 for "any correspondence and/or memos between the US Army Corps of Engineers and the City of Dallas with regards to any proposed drilling applications or future drilling activity within close proximity to Joe Pool Dam and the concerns that the Army Corps of Engineers may have regarding the safety of the dam and the safety of Dallas citizens." Some of the requested documents have been sent to the Attorney General for an open records decision regarding their release. A copy of the letter to the Attorney General is enclosed for your information. The Public Information Office will provide you with the remaining requested information. If you have any questions regarding this matter please contact me or Assistant City Attorney Heather Silver at 214-670-3519. Sincerely,
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WARREN M. S. ERNST Chief of the General Counsel Division Attachments

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Thomas P. Perkins, Jr., City Attorney Heather Silver, Assistant City Attorney Jeri Carter, Public Information Office

OFFICE OF THE CITY ATIORNEY

CITY HALL DALLAS. TEXAS 75201

PHONE 214670-3519

FAX 214-670-0622

City of Dallas

VIA FAX NO. (512) 463-2092 September 29, 2011 Honorable Greg Abbott Attorney General of Texas 300 W. 15th Street Clements Building, 12th Floor P.O. Box 12548 Austin, Texas 78711 Re: Request for anOpen Records Decision

Dear Mr. Attorney General Abbott: On September 22, 2011, our office submitted a request for an open records decision to you (Exhibit A) regarding a request by Raymond Crawford for "any correspondence and/or memos between the US Army Corps of Engineers and the City of Dallas with regards to any proposed drilling applications or future drilling activity within close proximity to Joe Pool Dam and the concerns that the Army Corps of Engineers may have regarding the safety of the dam and the safety of Dallas citizens." This office is responsible for representing the legal interests of the city of Dallas ("city"). Our September 22, 2011 submission is incorporated into this submission, including Mr. Crawford's request. We listed the exceptions under the Publiclnfonnation Act, Chapter 552, Texas Government Code (the "Act") which might apply to the requested information in our September 22, 2011 correspondence. In this submission, we shall expand upon and explain the reasons we believe these exceptions apply to the requested information. In our opinion, some of the information requested is excepted from required public disclosure under Section 552.101 of the Act. Under Section 552.301 of the Act, this office now seeks your determination about whether this information is exempt from disclosure. Mr. Crawford will be provided with the remaining requested information. Section 552.101 of the Act exempts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." This exception also incorporates the confidentiality provisions of federal statutes and regulations. The U.S. Army Corps of Engineers (the "Corps") has previously irifonned the city that certain information contained in correspondence between the city and the Corps is confidential under federal law. The marked information in Exhibit B consists of a representative sample of the requested information that that is confidential under Exemption b6 of the federal Freedom of Information

OFFICEOF THE CITYATTORNEY CITY HALL DALLAS, TEXAS 75201

PHONE 21~70-3519

FAX 214~70-{)622

September 29,2011 Honorable Greg Abbott Page 2

Act ("FOIA") .and the December 12, 2001 Memorandum issued by the Department of the Army u.S. Army Corps of Engineers (See Exhibit C). If you have any questions regarding this request for an open records decision please contact me or Assistant City Attorney Heather Silver at 214-670-3519. Respectfully submitted,
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WARREN M. S. ERNST Chief of the General Counsel Division

Attachments

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(with Exhibit A only) Thomas P. Perkins, Jr., City Attorney Heather Silver, Assistant City Attorney Jeri Carter, Public Information Office

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Raymond Crawford

City of Dallas

September 22, 2011

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Raymond Crawford

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Re: Request for an Open Records Decision

Dear Mr, Crawford: This letter responds to your open records request received by the city of Dallas ("city") on September 8, 2011 for "any correspondence and/or memos between the US Army Corps of Engineers and the City of Dallas with regards to any proposed drilling applications or future drilling activity within close proximity to Joe Pool Dam and the concerns that the Army Corps of Engineers may have regarding the safety of the dam and the safety of Dallas citizens," The city is gathering the requested information and it is anticipated that some of the requested information will be exempt from mandatory disclosure. The requested documents (or a representative sample if voluminous) will be sent to the Attorney General for an open records decision regarding their release by September 29,2011, as required by Section 552.301(b) of the Public Information Act. A copy of the letter to the Attorney General is enclosed for your information. If you have any questions regarding this matter please contact me or Assistant City Attorney Heather Silver at 214-670-3519. Sincerely,
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WARREN M. S. ERNST Chief of the General Counsel Division Attachments

c:

Thomas P. Perkins, Jr. City Attorney Heather Silver, Assistant City Attorney Jeri Carter, Public Information Office

OFFICE OF THE CITY ATTORNEY

CITY HALL DALLAS, TEXAS 75201

PHONE 214-670-3519

FAX 214-670-0622

City of Dallas

VIA FAX NO. (512) 4632092 September 22, 2011 Honorable Greg Abbott Attorney General of Texas 300 W. 15th Street Clements Building, 12th Floor P.o. Box 12548 Austin, Texas 78711 Re: Request for an Open Records Decision

Dear Mr. Attorney General Abbott: Bye-mail (Exhibit A) received by the city of Dallas ("city") on September 8, 2011, Raymond Crawford requested "any correspondence and/or memos between the US Army Corps of Engineers and the City of Dallas with regards to any proposed drilling applications or future drilling activity within close proximity to Joe Pool Dam and the concerns that the Army Corps of Engineers may have regarding the safety of the dam and the safety of Dallas citizens." The city is gathering the requested information and it is anticipated that some of the requested information will be exempt from mandatory disclosure under the Public Information Act, Chapter 552, Texas GovemmentCode (the "Act"). The City Attorney's Office is responsible for representing the legal interests of the city and since we have not been able to review all the requested information, we would assert that certain information contained in Mr. Crawford's request may be protected from disclosure under Sections 552.101 through 552.142 of the Act, in particular Sections 552.101, 552.107, and 552.111 of the Act. Under Section 552.301 of the Act, this office now seeks your determination about whether this information is exempt from . disclosure. Our comments stating the reasons why the Act excepts the requested information from disclosure, and copies of the requested information (or samples if voluminous), will be sent to your office by September 29,2011, as required by Section 552.301(e) of the Act. If you have any questions regarding this request for an open records decision please contact me or Assistant City Attorney Heather Silver at 214-670-3519. Respectfully submitted,

WARREN M. S. ERNST Chief of the General Counsel Division

OFFICE OF THE CITY ATTORNEY

CITY HAll

DAllAS, TEXAS 75201

PHONE 214-670-3519

FAX 214-67().()622

September 22, 2011 Honorable Greg Abbott Page 2

Attachments c: Thomas P. Perkins, Jr., City Attorney Heather Silver, Assistant City Attorney Jeri Carter, Public Information Office

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Raymond Crawford

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