HEABST my 3, 2017 counsel VIA Federal Express Dlfire ul Justin Gordon Chief, Open Records Division Eve aurtan Office of the Attorney General 206 West 14th Street, 61h Floor setter-I cnunsel . Austin, Texas 78701 catnertne Ar Bosrron 5mm" Re: Various Public Information requests ol' the Houston Chmniele to the lonarhan a non nensn City of Pasadena Mark Redman Vice President Deal MI- Gordon: I: I m" Irepresent the Houston Citrerticle and its reporters Mark Collette, Susan 5 Find'kva" Carroll and Kristi Nix (collectively, the "Chronicle"). 1 write to register a Kenani, Psekrnan Mame" Walsh 5mm complaint and request your assistance with regard to a series of recent requests for Raw Sltwala information made pursuant to the Texas Public Infon'nation Act (the "Act") by the Chronicle to the City of Pasadena. *"imm'm' The substance of this complaint is that Pasadena has displayed in recent Barrow months an alarming pattern of failure to adhere to the clear requirements of the Act maggmfigm with regard to its handling of various of tlle Chranicle's requests by, for example, Andrea cnut falling to acknowledge and respond to lequests' falling to provide #311; gm" responsive and non--exempt information, failing to apply redactions to material in a Catolene Eaddy manner compliant with the law, and failing to copy the Chronicle on 5 correspondence with the Attorney General's office about the Chronicle's requests. page" Accordingly, the Chronicle writes to inform you of this patient of non--compliance Monika Jedrzeiowska with the Act, and to request that you advise Pasadena of its obligations under the mtg", Act and direct it to immediately address the various Chronicle requests currently Aimee Ntshet pending before it. Shira n. Salger Eva Saketkoo Below is a list of examples of several of the deficiencies in Pasadena's Evert Saucier handling of the Chronicle's requests: ?1353";leng Request 1: OnMarch 29, 2017, the Chronicle submitted a request to Pasadena for Stephen H. when govemment offlc and vendor conflict disclosure forms filed with Pasadena. (Attached as Exhibit 1) Such records are statutorily required to be made available to the public (Local Gov't Code 176.0065) and to be made available on a local govemment's web sile (Local Gov't Code 176009), which Pasadena has not. Pasadena failed to lequest an opinion from your office within ten business days, and 300 West 57th Street New Vark, NV 10019 Office of the Attorney General, Open Records Division May 3, 2017 Page 2 did not respond to the request until after that time had run. At that point, Pasadena responded that it had no responsive records for one category, but that it may have responsive information for the other. (Attached as Exhibit 2). To date, no further response or responsive records have been received, and, to the Chronicle?s knowledge, this matter was not forwarded to your of?ce for an opinion. Request 2: On March 29, 2017 the Chronicle requested a copy of ?the city policy that requires a public records request for all questions/requests for documents. (Attached as Exhibit 3). The statutory time for a response has long since passed, and Pasadena has not provided any response. Request 3: On March 29, 2017, the Chronicle requested a copy of Pasadena?s 2016 Comprehensive Annual Financial Review (CAFR), including disclosures provided by city officials and employees. On April 1 1, 2017, the city provided the CAFR but did not provide the disclosures, asserting that the disclosures are exempt from disclosure under Tex. Govt. Code 552.1 16. (Request and response attached as Exhibit 4). However, to the Chronicle?s knowledge, Pasadena has not sought an opinion from the Attorney General as to whether this information may be withheld, as is required under the Act. Request 4: On March 20, 2017, the Chronicle requested copies of emails sent to a certain Pasadena distribution list since Oct. 17, 2016, as well as the names and email addresses of individuals comprised in that distribution list. Pasadena provided some responsive emails on April 4, 2017, but dates, email addresses, attachment names and copies of the attachments appeared to have been redacted and/or withheld from that production. (Communications between Pasadena and the Chronicle, without the production, are attached as Exhibit 5). In a letter dated April 3, 2017, Pasadena sent a ?10-day letter? to your office indicating that it would seek an opinion on whether it could withhold information, but without providing any legal argument in support of purported exemptions under the Act. (Attached as Exhibit 6). No follow-up ?15-day letter? was provided to the Chronicle, as required under the Act. The Chronicle has subsequently learned from your office that a follow-up letter was received by your office on April 12, 2017, and that the file for this request, AG #661705, was closed on April 24, 2017. The Chronicle has not received anything from Pasadena on this request since the April 4 apparently- redacted production. Request 5: On March 28, 2017, the Chronicle requested copies of financial disclosures filed by the mayor and council members since January 2012. (Attached as Exhibit 7). The statutory period for responding to this request has long-since passed, yet Pasadena has not provided any response. Request 6: On March 28, 2017 the Chronicle requested copies of the Pasadena mayor?s calendar. Pasadena responded on April 11, 2017, that it had no objection Office of the Attorney General, Open Records Division May 3, 2017 Page 3 to the request, but that it was ?waiting on receipt from the Mayor?s office?. (Communications between Pasadena and the Chronicle attached as Exhibit 8). Pasadena did not provide responsive materials until May 2, 2017, well past the statutory timeframe. Request 7: On March 31, 2017, the Chronicle requested copies of contracts, invoices and agreements related to city contracts with Roy Mease Associates, documents which, upon information and belief, Pasadena has rights of access to under the Act as well as the city contracts themselves. (Request attached as Exhibit 2). As of this writing, the Chronicle has not received any response to this request. Request 8: On March 31, 2017, the Chronicle requested copies of eight additional categories of information related to the Mease contracts sought in Request 7. (Request attached as Exhibit 10). As of this writing, the Chronicle has not received any response to this request. As noted above, the Chronicle brings this series of requests to your attention because of what appears to be a pattern of unreasonable delay and failure to abide by the requirements faced by public agencies in responding to requests for public records made under the Act. We respectfully request that you advise Pasadena of its obligations under the Act and direct it to address the various pending requests, and all future information requests, in accordance with the requirements of the Act. Thank you for your attention to this matter. Respectfully submitted, Diego Ibarguen Encl. cc: Linda Rorick, Pasadena City Secretary, 1211 Southmore, PO. box 672, Pasadena Texas 78040 EXHIBIT 1 From: Collette, Mark Sent: Wednesday, March 29, 2017 4:37 PM To: 'ldrorick@ci.pasadena.tx.us' Subject: Public information request Ms. Rorick, This is a request under the Texas Public Information Act. I would like to receive copies, electronic, if available, of the following information: All Forms CIS (government officer conflict disclosure statements) filed with the city (including, but not limited to, forms filed by board members of the Pasadena Second Century Corporation All forms CIQ (vendor conflict of interest questionnaire) filed with the city (including, but not limited to, forms submitted to the Pasadena Second Century Corporation If the information is voluminous or will require substantial time or fees for copying, please let me know and I will be happy to inspect the information in person to reduce the time and cost. Thank you, Mark Collette Reporter Houston Chronicle 713-352-7586 (office) 409-750-0404 (mobile) @chronMC EXHIBIT 2 From: Linda Rorick Sent: Thursday, April 13, 2017 5:52 PM To: Collette, Mark Cc: Amanda Freeman . Subject: Re: Public information request as follow-up to our phone conversation just now, this is to clarify that have checked with any department where a "vendor" form (CIQ) may be ?led. was advised by our Purchasing Department that this form is a part of our City's "bid package" and that this "bid package" is available online andlor sent to requesting party by mail upon request. Further, that our Purchasing Department has not received any Cle in years. As to the CIS forms, I may have something on this for a councilmember; will research this next week and get back with you on this one okay. Hope you have a nice and safe Easter weekend! Ru}. Linda Roric?City Secretary City of Pasadena, Texas P. O. Box 672 Pasadena, TX 77501 Office: (713) 475-5533 Fax: (713) 475-7883 ldrorick ci. asadena.tx.us This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended in: advised that you may have received this email in error and that any use, dissemination, forwarding, printing, coping or the taking of any action in reliance on the contents or" this email is strictiy prohibited. if you have received this email in error, piease immediately notii the sender by return email and delete this email from your system. "Collette, Mark" 3/29/2017 3:36 PM Ms. Rorick, This is a request under the Texas Public Information Act. I would like to receive copies, electronic, if available, of the following information: - All Forms CIS (government officer conflict disclosure statements) ?led with the city (including, but not limited to, forms filed by board members of the Pasadena Second Century Corporation All forms CIQ (vendor conflict of interest questionnaire) filed with the city (including, but not limited to, forms submitted to the Pasadena Second Century Corporation If the information is voluminous or will require substantial time or fees for copying, please let me know and I will be happy to inspect the information in person to reduce the time and cost. Thank you, Mark Collette Reporter Houston Chronicle 713-362-7586 (office) 409-750-0404 (mobile) mark.collette@chron.com @chronMC EXHIBIT 3 From: Carroll, Susan Sent: Thursday, April 13, 2017 1:16 PM To: Collette, Mark Subject: FW: Quick question on check register From: Carroll, Susan Sent: Wednesday, March 29, 2017 8:43 PM To: Amanda Freeman-Mueller Cc: Tammy Lehew Subject: Re: Quick question on check register Under the TPIA, please provide a copy of the city policy that requires a public records request for all questions/requests for documents. Thanks. From: Carroll, Susan Sent: Wednesday, March 29, 2017 8:40:00 PM To: Jomie Blumreich; Amanda Freeman-Mueller Cc: Tammy Lehew Subject: Re: Quick question on check register Thanks, but it's actually state law - not just city protocol - that must be followed here. The request does not require a specific form, only that it is in writing-be, 53- . ablisinfe 4 hb'. 91f- 2016 Public Information Handbook Texas Attorney General P05 Office Box 1 2548, Aust in, Texas 78711?2548 - (512) 463?2100 a texas attorney gen eralgoyr a. From: Jomie Blumreich <1Blumreich@ci.gasadena.tx.us> Sent: Wednesday, March 29, 2017 8:33:10 PM To: Carroll, Susan,- Amanda Freeman-Mueller Cc: Tammy Lehew Subject: RE: Quick question on check register Ms. Carroll, have to follnw City's protocol on Open Retard Request I believe Ms. Amanda Mueller lrom the city Secretary Office will be contacting you on completing an Open Record Request Form. Thank you. Jamie "Carroli, Susan" (Susan.? arrgil@_chmn mm> 3/29/2017 10:24 AM OK!was told by Paul Davis yesterday that i needed to file another records request to get questions from my last records request clarified. Here is a spreadsheet with red highlights for expenses that reference something unclear in the "description fieid." Thanks. Original From. Jamie Blumreich Sent: Thursday, March 23, 2017 10:50 AM To' Carroll, Susan Subject: Re: Quick question on check register Ms. Carroll, 1 am at a seminartodey and tomorrow. Ibeiieve it meant this is payment #13 (or work performed thru 11/30/11. 1am getting no cell signals, 1 have to step outside the seminar room during the break to check my emails. Thank you. )oml'e "Carroii, Susan" (W) 03/23/17 10:26 AM Hi, we're going through PSCC's check register now and for Funds 9950 and 9960, it lists only numbers in the description field, Fol exampie. Check 2014 on 1/9/2012 was for "m thru 11/30/11- What is No. 13? Is there a key that would explaln which projects these numbers reference? Thanks. 1 figured I wouldn't have to submit another public records request since I'm Just asking for ciani'lcallon on this request, but please let me know in was mislaken. ihanksi Susan Carroll Houston Chronicle Investigative Reporter 713-362-6318 sugn gangl c9m fensa. i r? - i rroll&d:DwIFA :37 XN &r:V 2H wAeDinrbw74U i 4 . i4rT D7i EXHIBIT 4 From: Amanda Mueller Sent: Tuesday, April 11, 2017 2:43 PM To: Nix, Kristi Cc: Linda Rorick Subject: Re: Open Records Request: CAFR report including disclosures Kristi, Attached is the comprehensive annual ?nancial report approved by the city council on March 21, 2017. Regarding the second part of your request, please note that audit working papers are exempt from the Public Information Act (Government Code 552.116). Thank you, Amanda Mue??r Assistant to City Secretary City of Pasadena, Texas Phone: 713-475-7809 Fax: 713-475-7883 CONFIDENTIALITY NOTICE This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised 1 that you may have received this email in error and that any use, dissemination, forwarding, printing, coping or the taking of any action in reliance on the contents of this email is strictly prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. ?Nix, Kristi 3/29/2017 9:32 AM Hello, request a copy of the comprehensive annual financial report approved by the city council on March 21, 2017. I also request copies of any disclosures submitted to auditors Belt, Harris Pechacek by city council members, other elected officials or city employees as part of the audit process. if possible, I request the documents be provided via emaii. Please reply to confirm receipt. Thank you, Kristi Nix This message is intended for internal company communications only. Disclosing, copying or distributing this information outside the company is strictly prohibited. EXHIBIT 5 From: Amanda Mueller Sent: Tuesday, April 11, 2017 2:43 PM To: Nix, Kristi Cc: Linda Rorick Subject: Re: Open Records Request: CAFR report including. disclosures Kristi, Attached is the comprehensive annual ?nancial report approved by the city council on March 21, 2017. Regarding the second part of your request, please note that audit working papers are exempt from the Public Information Act (Government Code 552.116). Thank you, Amanda Mue?kr Assistant to City Secretary City of Pasadena. Texas Phone: 713?475-7809 Fax: 713-475-7883 CONFIDENTIALITY NOTICE This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised 1 you are flat the intended recipient or the person responsible (or delivering the email to the intended recipient, be advised that you may have received this email in error and that any use, dissemination, forwarding, printing, coping or the taking of any action in reliance on the contents of this email is strictly prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. iX, 4/3/2017 4'55 PM Great, I will pick them up tomorrow, Frnm: Amanda Mueller EXHIBIT 6 johnny label]. Mayor April 3, 2017 CHEER 7004 H60 0007 053 7 2061 Honorable Ken Paxton Attorney General P. O. Box 12548 Austin, Texas 7871 1-2548 Re: Texas Public Information Act Request of Kristi Nix, reporter for the Pasadena Citizen SL1718 Dear General Paxton: Please consider this a request by the City of Pasadena, Texas for a decision from the Attorney General about whether information requested by Kristi Nix, reporter for the Pasadena Citizen, is within one of the exceptions to disclosure of the Texas Public Information Act. TEX. CODE ANN. {5552.001 (Vernon 2012). A copy of the request is attached for reference. The exceptions in the Texas Public information Act which apply to the requested information are the following: ?552. 0] Con?dential Information ?552.l02 Personal Information ?552.137 Con?dentiality of Certain E-Mail Addresses I will forward to you within the next several days information conforming to the requirements of the Act. Thank you for your attention to this matter. Sincerely, AQQJZ John S. Schneider First Assistant City Attorney Sc?mg cc: Requester EXHIBIT 7 From: Nix, Kristi Sent: Tuesday, March 28, 2017 12:04 PM To: Amanda Mueller Cc: Linda Rorick Subject: Open Records Request: ?nancial disclosures Hello, i request copies of financial disclosures filed by Mayor Johnny Isbell and all the council members since January 2012. If possible, I request these documents be provided via email. 9 Please reply to confirm receipt. Tha nk you, Kristi Nix This message is intended for internal company communications only. Disclosing, copying or distributing this information outside the company is strictly prohibited. EXHIBIT 8 From: Amanda Mueller Sent: Tuesday, April 11, 2017 5:04 PM To: Nix, Kristi Cc: Linda Rorick Subject: Re: Open Records Request:.calendar records Kristi, There is no objection to this request. We are waiting on receipt from the Mayor's of?ce; it is my understanding that we should receive it by end of week. Amanda, Muellbr Assistant to City Secretary City of Pasadena, Texas Phone: 713-475-7809 Fax: 713-475-7883 CONFIDENTIALITY NOTICE This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you may have received this email in error and that any use, dissemination, forwarding, printing, coping or the taking of any action in reliance on the contents of this email is strictly prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. "Nix, Kristi 3/28/2017 2:01 PM Hello, I request a copy of the mayor's calendar since Jan. 1, 2016 to present. If possible, I request the records be provided via email. Please reply to con?rm receipt. Thank you, Kristi Nix This message is intended for internal company communications only. Disclosing, copying or distributing this information outside the company is strictly prohibited. EXHIBIT 9 From: Collette, Mark Sent: Friday, March 31, 2017 3:30 PM To: 'ldrorick@cl.pasadena.tx.us' Subject: Public information request Ms. Rorick, This is a request under the Texas Public Information Act. I would like to receive copies, electronic, if available, of the following information: - With respect to the city?s Contractor Collection Services Agreements with Roy 0. Mease 8: Associates, all contracts and invoices that the contractor has in its possession, including but not limited to agreements with and invoices from third parties to carry out duties related to the collection services agreements. This request is made under Sec. 552.002 of the Texas Government Code, which guarantees public access to information produced for a governmental body by a private party and to which the governmental body has a right of access. The City has a right of access to information related to the Contracts under both the Act and Section 8 of the Contracts. If the information is voluminous or will require substantial time or fees for copying, please let me know and I will be happy to inspect the information in person to reduce the time and cost. Thank you, Mark Collette Reporter Houston Chronicle 713-352-7586 (of?ce) 409-750-0404 (mobile) mark.collette@chron.com @chronMC All contracts, invoices, and Mark Collette Reporter Houston Chronicle 713-362-7585 (office) 409?750-0404 (mobile) mark.collette@chron.com @chronMC EXHIBIT 10 From: Sent To: Subject: Ms. Rorick, Collette, Mark Friday, March 31, 2017 3:31 PM 'ldrorick@ci.pasadena.tx.us' Public information request This is a request under the Texas Public Information Act. I would like to receive copies, electronic, if available, of the following information: With respect to the city?s Contractor Collection Services Agreements (Contracts) with Roy D. Mease Associates (Contractor): All invoices produced by the Contractor and in the possession of the Contractor All invoices produced by the Contractor and in the possession of the City 0 All written deviations from or additions to the scope of work under Section 4 of the Contracts 0 All delinquent tax collections reports 0 Contractor?s proof of insurance under Section 6 of the Contracts 0 All payroll records in the possession of the Contractor that are related to the collections Contracts 0 All notices and communications concerning the Contracts sent to the city by the Contractor All notices and communications concerning the Contracts sent to the Contractor by the city This request is made under Sec. 552.002 of the Texas Government Code, which guarantees public access to information produced for a governmental body by a private party and to which the governmental body has a right of access. The City has a right of access to information related to the Contracts under both the Act and Section 8 of the Contracts. If the information is voluminous or will require substantial time or fees for copying, please let me know and I will be happy to inspect the information in person to reduce the time and cost. Thank you, Mark Collette Reporter Houston Chronicle 713-362-7586 (office) 409-750?0404 (mobile) mark.collette@chron.com @chronMC