Sunday, June 5, 2016

TEXAS ATTORNEY GENERAL KEN PAXTON, IN MAY 23, 2016, SIGNED OFFICIAL LEGAL LETTER TO TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE, POSES SEVERAL WRITTEN QUESTIONS ON WHY THAT DA'S OFFICE REQUESTED A PAYMENT OF $103.50 FROM PUBLIC-INFORMATION REQUESTOR JOHN KEVIN McMILLAN OF AUSTIN RELATING TO 2011 OR 2012 COMMUNICATIONS REFERRING TO Mr. McMILLAN THAT REPORTEDLY OCCURRED BETWEEN AUSTIN POLICE DEPARTMENT SERGEANT RICK SHIRLEY OF APD'S NUISANCE ABATEMENT UNIT AND DA'S OFFICE REPRESENTATIVE NORMA HILBIG


(EXPLANATORY NOTE: THE APD "NUISANCE ABATEMENT UNIT" INVESTIGATES FELONY-CRIME EVIDENCE OF ALLEGED SEXUAL ASSAULTS, ALLEGED ORGANIZED CRIME ACTIVITIES, ALLEGED ILLICIT-DRUG ACTIVITIES, AND ALLEGED HUMAN TRAFFICKING THAT HAVE ALLEGEDLY OCCURRED IN AUSTIN AT A CITED REAL-ESTATE PROPERTY, SUCH AS AN APARTMENT COMPLEX, A PRIVATE RESIDENCE, OR A BUSINESS OF ANY TYPE. THE APD OFFICE PHONE NUMBER FOR APD SERGEANT RICK SHIRLEY OF APD'S NUISANCE ABATEMENT UNIT IS: (512) 974-5169. THE OFFICIAL E-MAIL ADDRESS FOR SERGEANT SHIRLEY IS: "RICK.SHIRLEY@AUSTINTEXAS.GOV". --- jkm)

"Ken Paxton
"Attorney General of Texas
"Post Office Box 12548,
"Austin, Texas 78711-2548
"(512) 463-2100 (main phone number for that state agency's headquarters building in downtown Austin)
"www.texasattorneygeneral.gov

"May 23, 2016

"Ms. Dayna Blazey
"Assistant District Attorney
"Strategic Prosecution Division
"Travis County District Attorney's Office
"P.O. Box 1748
"Austin, Texas 78767

"Dear Ms. Blazey:

"The Office of the Attorney General ('OAG') received the enclosed complaint (from public-information requestor John Kevin McMillan of Austin) alleging (that) the Travis County District Attorney's Office (the 'district attorney's office') is overcharging for copies of public information under the Public Information Act (the 'Act'), chapter 552 of the Government Code. The complaint was assigned ID# 617571.

"The district attorney's office received a request for communications between two named individuals (DA'S Office Representative Norma Hilbig and APD Nuisance Abatement Unit Sergeant Rick Shirley) during a specified time period related to the requestor. The district attorney's office provided the requestor an estimate in the amount of $103.50. The requestor believes the charges are excessive.

"Therefore, pursuant to section 552.269 of the Government Code, the district attorney's office is required to respond to the following questions in writing within ten business days after the date you receive this letter:

"1. How did the district attorney's office determine it will require one hour of personnel time and two hours of programming to locate, compile, and reproduce the responsive information? Please describe the process in a step-by-step manner, stating the time each step will take. If a sample test was performed, please provide a copy of the test or a brief description of it.

"2. Does the information requested exist in paper form, electronic form, or both? Please explain which documents exist in paper form, and which exist in electronic form.

"3. Will any information be redacted from the records? If so, what information will be redacted, and will the redaction be done manually, electronically, or a combination of both?

"For your convenience, you may access the 2016 Public Information Handbook at https://www.texasattorneygeneral.gov/og/open-government. If you have any questions or need further assistance, please contact us at (888) 672-6787.

"Sincerely,

"Tamara R. Smith
"Assistant Attorney General
"Education and Enforcement Division
"Open Records Division

"TRS/sb

"Ref: ID# 617571

"Enclosure

"c: Mr. John Kevin McMillan
"10926 Jollyville Road, #902
"Austin, Texas 78759
"(w/o enclosures)"

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