ASSISTANT ATTORNEY GENERAL TAMARA SMITH ON SEPTEMBER 21, 2016, SIGNS AND MAILS LEGAL LETTER POSING QUESTIONS TO AUSTIN COMMUNITY COLLEGE IN AUSTIN, TEXAS, IN REGARD TO ACC'S $393.35 COST ESTIMATE ON PROVIDING ALL DOCUMENTS TO PUBLIC-INFORMATION REQUESTOR JOHN KEVIN McMILLAN THAT EACH REFER TO HIMSELF IN WRITING AND WERE EACH WRITTEN IN THE LAST FIVE-YEAR PERIOD BY ONE TOTAL CITED OFFICIAL OF ACC PRESIDENT'S OFFICE IN AUSTIN

(EXPLANATORY NOTE: The following signed legal letter from Assistant Attorney General Tamara Smith refers to Austin Community College's revised $393.35 cost estimate it provided in writing to the requestor, John Kevin McMillan, in a context in which Mr. McMillan might agree to narrow the scope of his July 18, 2016-dated ACC Open Records request, to include documents referring to the requestor that were each written at any time since September 1, 2011, by ONE total cited staff member or official in the Office of ACC President Richard Rhodes (either President Rhodes or his female assistant who handles replies to e-mail letters, Ms. Pam Sutton). The original July 18 request as interpreted by ACC to refer to two total staff members or officials of the ACC President's Office and their written communications ever since Sept. 1, 2011, that each referred to John Kevin McMillan of Austin, would have prompted ACC to charge McMillan an estimated $846.20 in total processing fees on that request, according to that public community college in Austin, Texas. --- jkm)

"Ken Paxton
"ATTORNEY GENERAL OF TEXAS

"September 21, 2016

"Ms. Dahlia Anzaldua-Torres
"Austin Community College
"5930 Middle Fiskville Road
"Austin, Texas 78752

"Dear Ms. Anzaldua-Torres:

"The Office of the Attorney General ('OAG') received the enclosed complaint (from public-information requestor John Kevin McMillan of Austin,) alleging the Austin Community College (the 'college') is overcharging for copies of public information under the Public Information Act (the 'Act'), chapter 552 of the Government Code. The complaint was assigned #629110.

"The college received a request for documents regarding the requestor from a period of time. The college provided the requestor an estimate in the amount of $393.35. The requestor believes the charges are excessive.

"Therefore, pursuant to section 552.269 of the Government Code, the college 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 college determine it will require 1125 hours of labor and 236 hours of programming to provide 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 required exist in paper form, electronic form, or both? Please explain which documents exist in paper form, and which exist in electronic form.

"3. Where are the records physically located? If the records are located in two or more separate buildings, please provide a simple map showing the location of the buildings, including thoroughfares.

"4. 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. Additionally, you may access the Public Information Cost Estimate Model at https://www.texasattorneygeneral.gov/og/public-information-cost-estimate-model to help you comply with section 552.2615 of the Act.

"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 Section
"Open Records Division

"TRS/sb

"Ref: ID#629110

"Enclosure

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