TRAVIS COUNTY ATTORNEY DAVID ESCAMILLA, IN THREE-PAGE SIGNED LEGAL LETTER FROM ASSISTANT COUNTY ATTORNEY ANNE-MARIE SHEELY TO ASSISTANT ATTORNEY GENERAL OF TEXAS TAMARA R. SMITH, DEFENDS THE $103.50 PROCESSING FEE THAT THE TRAVIS COUNTY DISTRICT ATTORNEY HAS REQUESTED OF PUBLIC-INFORMATION REQUESTOR JOHN KEVIN McMILLAN FOR COPIES OF 2011 OR 2012 COMMUNICATIONS ABOUT Mr. MCMILLAN THAT OCCURRED BETWEEN TRAVIS COUNTY DA's OFFICE STRATEGIC PROSECUTIONS DIVISION PARALEGAL NORMA HILBIG AND AUSTIN POLICE SERGEANT RICK SHIRLEY OF APD'S 'NUISANCE ABATEMENT UNIT' --- A UNIT THAT INVESTIGATES ALLEGED SEXUAL ASSAULTS AND ALLEGED ORGANIZED CRIME ACTIVITIES AT APARTMENT COMPLEXES IN AUSTIN

"DAVID ESCAMILLA
"COUNTY ATTORNEY

"COUNTY OF TRAVIS

"STATE OF TEXAS

....
"314 W. 11th STREET
"GRANGER BLDG., 5th FLOOR
"AUSTIN, TEXAS 78701

"P.O. BOX 1748
"AUSTIN, TEXAS 78767

"(512) 854-9513 (OFFICE PHONE)
"fax: (512) 854-4808

"June 7, 2016

"Delivered via fax to 512-481-1992
"Tamara R. Smith
"Assistant Attorney General
"Office of the Attorney General of Texas --- Open Records Division
"Austin, Texas 78711-2548

"RE: Response to Cost Complaint from John McMillan received on 5/24/16---
Response to Office of the Attorney General (Related to Complaint File ID# 617571)

"Dear Ms. Smith:

"On behalf of the Travis County District Attorney's Office ("TCDA") and under Government Code section 552.269, we are responding to your letter received on May 24, 2016. (Footnote: Please note that the TCDA was closed for business on May 30, 2016, in observance of the Memorial Day holiday.)

"You inform the TCDA that a cost complaint has been filed by John McMillan and that it relates to a request made on April 5, 2016 regarding communications that referred to Mr. McMillan between Norma Hilbig and Rick Shirley. (Footnote: Please note that Norma Hilbig no longer works for Travis County or the TCDA. Therefore TCDA seeks assistance of ITS to access her electronic communications.) You ask that the TCDA answer the following questions:

"'1. How did the district attorney's office determine it will require one hour of personnel time and two hours of programming time 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.'

"Responding to this request, which asks for any communications between Ms. Hilbig and Mr. Shirley that refer to Mr. McMillan, involves communications from the years of 2011 and 2012. It is estimated that one hour of personnel time is needed to review the information resulting from the search and to redact any information that is protected under the TPIA. In order to ensure we captured the requested communications from these specified individuals and years requested, the TCDA sought the assistance of Travis County Information Technology Services ("ITS").

"Frank Trevino, a senior systems engineer with ITS(,) was provided a copy of the request and information being requested. ITS informed the TCDA that the amount of time for ITS to program the search and manipulate data would be two hours. Mr. Trevino estimates those specific two hours will include his time to create the new search in GUI and commend line format, to manipulate and reorder the request into a Boolean format of key terms and phrases that the system can recognize, and to program a sequence of the coded instructions to be executed. The estimate refers only to the time needed for computer programming and manipulation by ITS, but the estimate does not include the time for the computer to actually run the programmed search. This would produce the most accurate data in responding to Mr. McMillan's request.

"'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.'

"All information and documents exist in electronic form and will be distributed in electronic form as requested. At this time, it is not possible to list all the documents that exist in electronic form. The computer program search has not occurred, as the information is still uncollected.

"'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?'

"Some information may potentially be redacted from the records. Since the search for the documents has not occurred at this time, it is not possible to state whether any information will be redacted. Any information that is excepted under Government Code Sections 552.101 and 552.130 will be redacted, or information that may be redacted as a previous determination pursuant to Open Records Decision 684 (2009). Section 552.101 incorporates the doctrine of common law privacy by excepting from disclosure 'information considered to be confidential by law, either constitutional, statutory, or by judicial decision.' Section 552.130 excepts from public disclosure information that relates to a driver's license or motor vehicle title or registration issued by an agency of this state. The redactions will be done electronically because that will be the format of the responsive information. Further, to the extent any of the communications would constitute a prosecutor work product pursuant to section 55.108 Government Code, that information may be redacted.

"If you have any further questions, please contact me at (512) 854-9176, or by e-mail at 'ann-marie.sheely@traviscountytx.gov'.

"Sincerely,

"Ann-Marie Sheely
"Assistant County Attorney

"c:
"Via first class mail:
"John McMillan
"10926 Jollyville Road, Apt. 902
"Austin, TX 78759"