City Of McKinney Documents Discussing Gawker Media's Open Records Request

Tim Cushing filed this request with the City of McKinney of McKinney, TX.
Tracking #

581137

Status
Rejected

From: Tim Cushing

To Whom It May Concern:

Pursuant to the Texas Public Information Act , I hereby request the following records:

- Any emails from 06/05/15 to date of receipt discussing Andy Cush's request for documents concerning Officer Eric Casebolt on behalf of Gawker Media. (See this URL for more information: http://gawker.com/texas-city-is-charging-us-79-000-for-emails-about-pool-1714757746).

- Any communications from 06/05/15 to date of receipt with Brown & Hofmeister, L.L.P. discussing Andy Cush's request for documents concerning Officer Eric Casebolt on behalf of Gawker Media. (See this URL for more information: http://documents.gawker.com/heres-a-79-000-foia-bill-from-the-city-of-mckinney-1714760981).

- Any documents pertaining to the records fulfillment estimate given to Andy Cush/Gawker Media, including emails and communications with any other city departments/agencies and/or Brown & Hofmeister, L.L.P. (See this URL for more information: http://documents.gawker.com/heres-a-79-000-foia-bill-from-the-city-of-mckinney-1714760981)

Keywords to search for include: "Andy Cush," "Gawker," "Tim Cushing," "Techdirt".

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Tim Cushing

From: Sonya Paul

Dear Mr. Cushing:

The City is in receipt of your request for information. This request is being sent to you under the Public Information Act (the "Act") because your request for information is unclear or the City requires clarification or additional information to provide you with the information you have requested. Tex. Gov't Code § 552.222(b). On July 2, 2015, you asked the City to provide the following information:

"Any emails from 06/05/15 to date of receipt discussing Andy Cush's request for documents concerning Officer Eric Casebolt on behalf of Gawker Media. (See this URL for more information: http://gawker.com/texas-city-is-charging-us-79-000-for-emails-about-pool-1714757746).

- Any communications from 06/05/15 to date of receipt with Brown & Hofmeister, L.L.P. discussing Andy Cush's request for documents concerning Officer Eric Casebolt on behalf of Gawker Media. (See this URL for more information: http://documents.gawker.com/heres-a-79-000-foia-bill-from-the-city-of-mckinney-1714760981).

- Any documents pertaining to the records fulfillment estimate given to Andy Cush/Gawker Media, including emails and communications with any other city departments/agencies and/or Brown & Hofmeister, L.L.P. (See this URL for more information: http://documents.gawker.com/heres-a-79-000-foia-bill-from-the-city-of-mckinney-1714760981)

Keywords to search for include: "Andy Cush," "Gawker," "Tim Cushing," "Techdirt"."

You have not provided sufficient information for the City to locate the requested information highlighted in yellow. Please provide a time frame of the emails between Andy Cush, other departments and or Brown & Hofmeister, L.L.P. Therefore, pursuant to Section 552.222 of the Act, the City requests that you clarify or provide additional information regarding the information you seek.

Please note the Act does not require the City to prepare new information in response to an open records request, to respond to general questions or to conduct research. Tex. Att'y Gen. ORD Nos. 563 at 8 (1990), 452 at 2-3 (1986), 342 at 3 (1982), 87 (1975). The City, however, must make a good faith effort to explain what type of records is available, so a vague request can be narrowed. Tex. Att'y Gen. ORD No. 87 (1975).

If you fail to respond to this request for clarification or additional information in writing within 61 calendar days from the date of this correspondence, the City will consider your request for information to have been withdrawn. Tex. Gov't Code § 552.222(d). You can respond to this request in writing via email to Sonya Paul at spaul@mckinneytexas.org<mailto:spaul@mckinneytexas.org> via facsimile at 972-547-2600 or by mail to McKinney Information Technology Department, P.O. Box 517 McKinney, TX 75070.

If you provide a timely response to this request for clarification or additional information, the City will notify you if responding to your request requires programming or the manipulation of data, as well as the costs associated with your request for information. The City is only authorized to impose charges that exceed forty dollars ($40) if a cost estimate is sent to a requestor prior to gathering responsive documents. Tex. Gov't Code § 552.2615. As allowed by the Act, the City requires a bond when the anticipated costs for complying with a request for information exceeds $100.00. Tex. Gov't Code § 552.263(a).

Do not hesitate to contact me should you have any questions regarding this matter.

Sonya E. Paul
Records and Information Coordinator
115-B Industrial Blvd
P.O. Box 517
McKinney, Texas 75070
* 972-547-7615 fax 972-547-2600
* spaul@mckinneytexas.org<mailto:spaul@mckinneytexas.org> or ITrecords@mckinneytexas.org<mailto:ITrecords@mckinneytexas.org>

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Every job is a self-portrait of the person who did it. Autograph work with excellence.

The material in this e-mail is intended only for the use of the individual to whom it is addressed and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized review, use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in error, please notify the sender by return email and destroy all electronic and paper copies of the original message and any attachments immediately. Please note that neither City of McKinney nor the sender accepts any responsibility for viruses and it is your responsibility to scan attachments (if any). Thank You.

From: Tim Cushing

Ms. Paul,

The timeframe for all requested information would be from 6/5/15 to 7/2/15 (the date this records request was received by the City of McKinney).

The records fulfillment estimate would be the one sent to Gawker Media/Andy Cush by Brown & Hofmeister, LLP in response to his records requests numbered 15-16251 and 15-16253. I'm looking for any communications discussing the estimate given to Andy Cush, the one that was later deemed to be erroneous.

Thank you for your assistance,

Tim Cushing

From: Sonya Paul

Good Morning Mr. Cushing,

Thank you for the clarification.

Warmest Regards,

Sonya E. Paul
Records and Information Coordinator
115-B Industrial Blvd
P.O. Box 517
McKinney, Texas 75070
• 972-547-7615 fax 972-547-2600
spaul@mckinneytexas.org<mailto:spaul@mckinneytexas.org> or ITrecords@mckinneytexas.org<mailto:ITrecords@mckinneytexas.org>

[cid:image009.jpg@01D01452.DCC8B800]

Every job is a self-portrait of the person who did it. Autograph work with excellence.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Sonya Paul

Good Afternoon Mr. Cushing:

I wanted to acknowledge receipt of your email. I forwarded your email to the appropriate personnel that is administering your Public information request.

Please feel free to contact me directly if you have any further inquiries concerning this matter. Thank you!

Sonya E. Paul
Records and Information Coordinator
115-B Industrial Blvd
P.O. Box 517
McKinney, Texas 75070
• 972-547-7615 fax 972-547-2600
spaul@mckinneytexas.org<mailto:spaul@mckinneytexas.org> or ITrecords@mckinneytexas.org<mailto:ITrecords@mckinneytexas.org>

[cid:image009.jpg@01D01452.DCC8B800]

Every job is a self-portrait of the person who did it. Autograph work with excellence.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 2, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: City of McKinney

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.