Project RIO (Texas National Guard)

Demetrius Johnson filed this request with the Texas National Guard of Texas.
Tracking #

T23-89

Multi Request Project RIO
Status
Rejected

Communications

From: Demetrius Johnson

To Whom It May Concern:

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

Emails mentioning "Project RIO" between January 1st, 2023, and the date on which this request is processed.

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 there are fees, 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,

Sherrie Hart

From: Texas National Guard

Good afternoon,

This email is being sent to request clarification to your Texas Public Information Act (TPIA) request dated July 30, 2023, for:

Emails mentioning "Project RIO" between January 1st, 2023, and the date on which this request is processed.

Please clarify the following terms/items in your request:

The request does not give a clear understanding of any defined group(s) of employees. This is a term that appears to be vague and overly broad. If this request is meant to search every email account of any member of the Texas Military Department (i.e. Office of State Administration, Texas Army National Guard, Texas Air National Guard, or Texas State Guard), additional consultation would be needed to generate a cost estimate as the search would encompass well over 20,000 accounts (a large majority of which would likely need to be searched individually with a by name list). This email is being sent in attempt to first define what group(s) of employees your request, under the Texas Public Information Act, applies to.

Your narrowing or clarification of this request does not preclude you from making future requests for additional information. After we receive your response, we can begin a search of our records for the information you are seeking. If we do not receive a response from you by the 61st day after the date this email is sent, your request will be considered withdrawn. See Govt Code § 552.222(d), (g). The withdrawal of your request does not preclude you from requesting the same or other information in the future.

All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763

From: Demetrius Johnson

To clarify my request, I would like to include the following defined offices/employees:

(1) Texas Adjutant General and Deputy Adjutant General
(2) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy, to include the Joint Chief of Staff in addition to the General Counsel, Inspector General, etc.
(3) Chief of Staff including General Counsel, Inspector General, Strategic Initiatives Group, Public Affairs, Government Affairs
(4) Office of the Executive Director of the Texas Military Department, including leadership from Finance and Procurement divisions, as well as any direct assistant employees to both positions that may also be responsible for handling the subject matter
(5) Commanders from each brigade of the Texas State Guard, as well as the 3rd Brigade Commander and second in command of 3rd Brigade

From: Texas National Guard

Good afternoon,

This email is being sent to request clarification to your amended Texas Public Information Act (TPIA) request for:

Emails mentioning "Project RIO" between January 1, 2023, and the date on which this request is processed to/from the following individuals:

(1) Texas Adjutant General and Deputy Adjutant General
(2) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy, to include the Joint Chief of Staff in addition to the General Counsel, Inspector General, etc.
(3) Joint Chief of Staff, the General Counsel, Inspector General, and the heads of the following offices: Strategic Initiatives Group, Public Affairs, Government Affairs
(4) Office of the Executive Director of the Texas Military Department, including leadership from Finance and Procurement divisions, as well as any direct assistant employees to both positions that may also be responsible for handling the subject matter
(5) Commanders from each brigade of the Texas State Guard, as well as the 3rd Brigade Commander and second in command of 3rd Brigade

Please clarify the following terms/items in your request:

- does item 4 mean to reference only the Executive Director (Ms. Shelia Taylor), the head of Finance/Procurement, and any “Deputy” positions that may exist?

- does item 5 mean to reference each brigade commander in the Texas State Guard in addition to the second in command of the 3rd Brigade alone?

Your narrowing or clarification of this request does not preclude you from making future requests for additional information. After we receive your response, we can begin a search of our records for the information you are seeking. If we do not receive a response from you by the 61st day after the date this email is sent, your request will be considered withdrawn. See Govt Code § 552.222(d), (g). The withdrawal of your request does not preclude you from requesting the same or other information in the future.

All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763

From: Demetrius Johnson

This is a response to clarify the following terms/items in my request:

- "does item 4 mean to reference only the Executive Director (Ms. Shelia Taylor), the head of Finance/Procurement, and any “Deputy” positions that may exist?":
YES

- "does item 5 mean to reference each brigade commander in the Texas State Guard in addition to the second in command of the 3rd Brigade alone?":
YES

From: Texas National Guard

Public Information Cost Estimate Letter

Ms. Sherrie Hart
Via email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Ms. Hart:

We have received your request for information clarified on 9/7/2023 and have determined that complying with your request will result in the imposition of a charge that exceeds $40. Therefore, we are providing you with this cost estimate as required by section 552.2615 of the Texas Government Code.

Itemized List of Charges:
Description Qty x Price Total
Labor minutes ($15/hour) 1800 x $0.25 $450.00
Overhead charges 20% of $450.00 $90.00
Total cost $540.00

There is a less expensive way for you to obtain this information. You may view the information in person at our offices. If you choose to view the information in person, please provide me with three dates and times when it will be convenient for you to come.

The estimated charges exceed $100.00; therefore, as allowed by section 552.263(a) of the Government Code, we require a deposit of 100% ($540.00) before starting work on your request. Complying with this request require labor to locate, compile, and manipulate the requested information (as the requested information would require redactions to be made to remove the presence of confidential military personnel information not subject to disclosure under the Act).

Your request will be considered automatically withdrawn if you do not notify us in writing within ten business days from the date of this letter that you either:
(a) accept the charges;
(b) wish to modify your request; OR
(c) have sent to the Open Records Division of the Office of the Attorney General a complaint alleging that you are being overcharged for the information you have requested.

All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,

Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763

From: Demetrius Johnson

I accept the charges and would like to move forward with my request.

From: Texas National Guard

Good afternoon,

This is a follow-up to your request T23-89. As discussed below, we will continue processing your request once we have received payment for the deposit referenced below.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,

Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763

From: Demetrius Johnson

To Whom It May Concern:

Please find enclosed a check for $540.00 to satisfy the fee associated with the attached public records request.

Thank you.

Check sent by Muckrock Staff

Pay to the order of:

Texas Military Department
ATTN: FOIA
P.O. Box 5218
Austin, TX 78763

#11187
Amount of: $540.00
  • Created — 09/26/2023
  • In Transit — 09/29/2023
  • In Local Area
  • Processed For Delivery
  • Deposited

From: Texas National Guard

Good afternoon,

This is a follow-up to your request T23-89. As discussed below, we will continue processing your request once we have received payment for the deposit referenced below.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,

Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763

From: Texas National Guard

Good afternoon,

The request being processed under T23-89 was administratively closed as we did not receive payment of the deposit discussed below. This does not prohibit you from paying the deposit to move forward with your request.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,

Open Records
Texas Military Department
Office: 512.782.5443
Fax: 737.358.9003
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
ng.tx.txarng.mbx.freedom-of-information-act@army.mil<mailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil>

From: Miranda Carruth

To Whom It May Concern:

Please find enclosed a check for $540.00 to satisfy the fee associated with the attached public records request.

Thank you.

Check sent by Muckrock Staff

Pay to the order of:

Texas Military Department
ATTN: FOIA
P.O. Box 5218
Austin, TX 78763

#11501
Amount of: $540.00
  • Created — 04/01/2024
  • In Transit — 04/04/2024
  • In Local Area — 04/11/2024
  • Processed For Delivery — 04/11/2024
  • Deposited

From: Muckrock Staff

Hello,

The check with the payment of $540.00 has been resent since the original check from Sept. 26, 2023, got lost in transit.

Sincerest apologies for the delay.

From: Texas National Guard

Good afternoon,

Payment of the deposit was received by our office via postal mail today. We will continue to update the status of this request throughout the process.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,

Open Records
Texas Military Department
Office: 512.782.5443
Fax: 737.358.9003
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
ng.tx.txarng.mbx.freedom-of-information-act@army.mil<mailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil>

From: Texas National Guard

Ms. Sherrie Hart
Via email: requests@muckrock.com<mailto:requests@muckrock.com>

Dear Ms. Hart:

We received your request for information (clarified on 9/7/2023) and initially determined that complying with your request would result in the imposition of a charge that exceeds $40. Therefore, we provided you with a cost estimate as required by Section 552.2615 of the Texas Government Code. Your request was administratively closed due to non-payment of the deposit within 10 business days as required by Section 552.2615 of the Texas Government Code. As we did not receive your payment for this deposit until 4/16/2024, your request was administratively closed and the check for the deposit will be mailed back to you.

All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,

Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
ng.tx.txarng.mbx.freedom-of-information-act@army.mil<mailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil>

From: Muckrock Staff

Good Morning,

Thank you for your assistance on this request. I had attempted to contact your agency last week regarding this public records request. It has been closed in error. There have been 2 checks sent to your agency thus far; the most recent one, check #11501, having been sent on 4/1/2024. According to my records, it has not yet cleared yet but was out for delivery on 4/11/2024. I am hoping that you are able to locate the check as it has been sent to the correct mailing address listed below in the amount of $540.00.

Texas Military Department
ATTN: FOIA
P.O. Box 5218
Austin, TX 78763

Please advise at your earliest convenience.

Thank You,

MuckRock Staff

From: Texas National Guard

Good afternoon,

Your request was administratively closed due to non-payment of the deposit within 10 business days as required by Section 552.2615 of the Texas Government Code. As we did not receive your payment for this deposit until 4/16/2024, your request was administratively closed and the check for the deposit will be mailed back to you. All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below.

If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.

Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
ng.tx.txarng.mbx.freedom-of-information-act@army.mil<mailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil%3cmailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil>

From: Texas National Guard

The request has been rejected by the agency.

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