Letter From TRWD Regarding Open Records Request

7/27/2019 Letter From TRWD Regarding Open Records Request

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KYLE T. GRAY

P O P E , H A R D W I C K E

C H R I S T I E , S C H E L L , KELLY & R A Y , L . L . P .

A T T O R N E Y S

ESTABLI SHED 19S2

90 1 FORT WO R TH CLUB B U I L D I N G

3 0 6 WEST 7TH STR EET

FO R T WO R TH , TEXAS 7 6 1 0 2 - 4 9 9 5

(817) 3 3 2 - 3 2 4 5

FAX (817) 8 7 7 - 4 7 8 1

January 4, 20122

R O B E R T E. HARDWI CKE

0 8 8 9 - 1 9 7 0 )

A L E X P O P E , J R .

0 9 1 3 - 1 9 8 8 )

R O B E R T E. HARDWI CKE, JR .

(1917-1991)

Via CM- RRR No. 7011 0470 0002 1414 9342

and First Class Mail & e-mail:[email protected]

Steve Miller

Texas Watchdog

945 McKinney St. #221

Houston, Texas 77002

Re: Your December 22, 2011 and December 27, 2011 Texas Public Information Act

(Open Records) Requests

Dear Mr. Miller:

This letter is sent to you on behalf of the Trinity River Vision Authority ("TRVA") and

the Tarrant Regional Water District ("TRWD"). As you may or may not know, TRVA is a

Texas non-profit corporation created by the TRWD. We serve as General Counsel to TRWD

and TRYA. This letter is sent in response to your December 22, 2011 "Open Records Request"

email to Matt Oliver, an employee of the TRVA (the "email"), and your December 27, 2011

letter to J.D. Granger, Executive Director of the TRVA (the "letter"). Even though your emailappears to assert that the email had been previously sent and received prior to December 22,

2011, TRVA first received your email on December 22, 2011, at approximately 9:52 a.m.

Because your email and your letter make the identical requests for information, this letter will

serve so as to respond to both your email and letter. You make the following public infonnation

requests in your email and letter:

• "All emails between staff, directors and commissioners at the Trinity River Vision

Authority and any and all representatives of the offices ofU.S. Rep. Kay Granger.

This is to include communication with Ms. Granger as well as all staffers and

contractors - including lobbyists -working for or on behalf ofMs. Granger. The

dates for this request begin March1,

2006 and runs to December 6, 2011."

• "All emails between staff, directors and commissioners at the Trinity River Vision

Authority and Tim Love, Woodshed Smokehouse, and all representatives of Tim

Love, White Elephant Enterprises, LDWB, Love BS #2, Love BS #3, Love

Spirits, River Shack, and Woodshed Smokehouse and all representatives of bothparties[.] I seek all emails between January 1, 2009 and December 6, 2011."



Mr. Steve Miller

January 4, 2012

Page 2

• "The top ten salaried employees at the Trinity River Vision Authority and the

amount paid to those employees in 2010, including bonuses, overtime, carallowances, phone allowances, entertainment allowance, deferred benefits and

pay, and any other form of compensation."

• "All requests for public information received by the authority between January 1,

2006 and December 6, 2011."

You further request that "if any of the requested records are maintained electronically,

[you] seek access to them in an electronic format. If they exist in an electronic, searchable,

database-readable fonnat (such as .csv, .xls, ..hst, txt or .dbf files), [you] request access them to

that in that searchable format."

Please be advised that preliminary information available to TRVA and TRWD reflects

that your Requests potentially seek a large amount of information, which may include

information which is excepted or exempted from disclosure by the Texas Public h1formation Act,

including attomey-client privileged communications, infonnation protected by work product

privileges, infonnation protected by constitutional privacy rights, information relating to

litigation, infonnation relating to trade secrets or certain commercial, financial or other

proprietary information, info1mation relating to economic development, and other privileged,

confidential and/or excepted information. Please be advised that the foregoing list is not

exhaustive and other exceptions and/or exemptions may apply. Pursuant to §552.222(b) of the

Public Information Act [TEX. Gov'T CODE §552.222(b)], we therefore write you this letter to

determine whether you might be able to narrow and/or clarify the scope of your Requests,

whether you intend that your Requests be extended to matters which TRVA or TRWD may

determine are excepted from disclosure, and whether you will authorize the exclusion of such

documentation from the response.

At such time as you are able to provide us with your written reply to this letter, for

purposes of narrowing and clarifying your Requests, we will again attempt to respond to your

Requests at that time. In any event, please be advised that should you not reply to this request

for clarification within sixty-one (61) days, or by March 5, 2012, then, pursuant to § 552.222(d)

and (e) [TEX. Gov'T CODE §552.222(d), (e)], we will consider your Requests withdrawn and/or

otherwise fulfilled.

In the meantime, should you have any questions or comments, please do not hesitate tocontact me. Thank you.

Very truly yours,

I( -f. >:. '( Kyle T. GrayV



Mr. Steve Miller

January 4, 2012

Page 3

cc: Ms. Nancy King

Ms. Paula StewartLee F. Christie, Esq. (o f irm)

P:\TRWD\Public Info Requests\Steve Miller l-4-12.doc

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Letter From TRWD Regarding Open Records Request