Texas Tech Library Email
| Submitted | Dec. 5, 2018 |
| Est. Completion | Feb. 21, 2019 |
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Communications
From: John Ricker
To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
Any emails sent to or from the email address “bella.k.gerlich@ttu.edu” between the time frame of January 1, 2018 and December 31, 2018.
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,
John Ricker
From:
Mr. Ricker,
Texas Tech University (“University”) is in receipt of your Texas Public Information Act request below. The University seeks to discuss with you how the scope of your request might be narrowed and/or clarified pursuant to Texas Government Code § 552.222(b). We estimate there to be in excess of 12,500 emails that would require significant CPU time and extensive redactions, as they may include confidential information protected by statute and student information protected by FERPA, which will result in significant cost to you to produce such information. Consequently, the University seeks to discuss with your how the scope of your request might be narrowed and/or clarified. Accordingly, please consider narrowing the time frame, including specificity regarding the information you seek or providing some subject matter or search terms.
If you do not narrow the scope of your request, the costs to produce such information could be significant and TTU may be required to file a brief with the Office of Attorney General of Texas seeking to withhold the confidential documents and wait for an open records letter ruling, a process that can take up to 45 business days.
Please simply respond to this request and let us know if you are willing to clarify or narrow the scope of your request in the manner suggested. You may also clarify or narrow your request in another manner, as well.
TTU is required to inform you that if you do not respond to this request for clarification or narrowing within 61 days from the date of this request, your request will be considered withdrawn.
Feel free to contact me if you have any questions.
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: John Ricker
Good afternoon Nathan Christopher,
I would like to request a FOIA fee waiver for this request. The requested emails belong to a Dean of an academic library. As such these emails will provide insight into Texas Tech University Library’s operations, management, and activities. Disclosure of these emails will significantly increase the public knowledge of Texas Tech University Library’s operations, management, and activities. As these requested documents will be hosted online for any and all interested parties to view it is likely that these emails will help increase the awareness of the activities and operations for many groups of individuals including but not limited to the general public; Texas Tech University faculty, staff, and students; other libraries, both academic and municipal. I have no commercial interest in the disclosure of these documents and as such I believe that the public interest is greater than my commercial interest.
Thank you,
John Ricker
From: Texas Tech University
Mr. Ricker,
My apologizes, but Texas Tech University does not waive fees for requests of this magnitude. As stated below, we estimate there to be in excess of 12,500 emails that would require significant CPU time and extensive redactions, as they may include confidential information protected by statute and student information protected by FERPA, which will result in significant cost to produce such information.
However, narrowing the request might be able to reduce such costs. Please let me know if your request may be narrowed and/or clarified. If not, I would be glad to send you a cost estimate for your review.
Thank you,
Nathan
From: John Ricker
Good Morning Nathan,
I understand that the request is large. I wish to settle the matter of fees before dealing with the matter of scope or redactions. The laws regarding FOIA are numerous and complex.
Thankfully the Department of Justice has resources to help me understand the fees regarding FOIA and fee waivers, below are some excerpts:
Lastly the agency must balance the requester's commercial interest against the identified public interest in disclosure and determine which interest is "primary." A fee waiver must be granted when the public interest in disclosure is greater in magnitude than the requester's commercial interest.
See 5 U.S.C. § 552(a)(4)(A)(iii) (providing that disclosure cannot be "primarily in the commercial interest of the requester"); see Research Air, Inc., 589 F. Supp. 2d at 3, 10 (finding that requester's use of documents to challenge suspension of pilot's card was "primarily to benefit [requester's] commercial interests"); VoteHemp, 237 F. Supp. 2d at 6566 (noting that agency "should consider the 'primary interest in disclosure,'" and concluding that while "'[t]he private, commercial benefit to [requester] is clear[, t]he public benefit, however, is not'" (quoting S.A. Ludsin & Co. v. SBA, No. 96-2146, 1997 WL 337469, at *7 (S.D.N.Y. June 19, 1997))); FOIA Update, Vol. VIII, No. 1, at 9 ("New Fee Waiver Policy Guidance").
See Consumers' Checkbook, 502 F. Supp. 2d at 89 (finding that while requester charges fees, this "does not outweigh the advancement of the public interest here," taking into consideration that requester "does not accept any advertising," its nonprofit status, its full funding through sales of certain of its products, and through consumer donations); FOIA Update, Vol. VIII, No. 1, at 9 ("New Fee Waiver Policy Guidance") (noting that determining whether requester's identified commercial interest is primary "requires the balancing of the requester's commercial interest against the public interest in disclosure that has been identified").
I believe that upon agency review, Texas Tech University will discover hat I have met all of the statutory requirements required for a fee waiver in this case. As such I would again request a fee waiver.
Thank you,
John Ricker
From: Texas Tech University
Mr. Ricker,
This request is subject to the Texas Public Information Act (PIA) and not the Freedom of Information Act (FOIA). Under the PIA, if a governmental body determines that producing the information is in the “public interest” because it will primarily benefit the general public, the governmental body shall waive the charges. See Tex. Gov’t Code 552.267(a). Thus, the determination of whether providing information is in the “public interest” rests solely with the governmental body whose records are requested. See Tex. Gov’t Code 552.267(a).
In this case, Texas Tech University has determined that the information requested will not primarily benefit the general public and will require you to prepay a deposit of a percentage of the total amount or provide a bond for the total amount of the cost estimate. Therefore, please let me know if your request may be narrowed and/or clarified. If not, I would be glad to send you a cost estimate for your review.
TTU is required to inform you that if you do not respond to this request for clarification or narrowing within 61 days from the date of this request, your request will be considered withdrawn.
Feel free to contact me if you have any questions.
Thank you,
Nathan
From: John Ricker
Hi Nathan,
So sorry about that mixup on my part.
Go ahead and send a cost estimate.
What’s the most amount of days I would be able to narrow the request down to for a lack of fees? (assuming the emails are distributed evenly)
Could you provide me insight into what information Texas Tech University used to determine whether this disclosure will benefit the general public? Would there be any additional information that would assist in a positive determination?
Thanks,
John Ricker
From: John Ricker
Dear Nathan,
Regarding redactions, there are some redactions I believe would be easier for this request. I am willing to redact more than necessary if it makes this request easier to process.
To deal with Sec. 552.137 I am willing to have all non-Texas Tech emails removed or redacted. Hopefully this helps with processing my request.
Please let me know if you have any suggestions to make this request easier to process while hopefully maintaining the scope.
Thanks,
John.
From: John Ricker
I believe that disclosing the emails of Bella Gerlich would be in the public interest and hope that I can convince you of such. The general public does indeed express an interest in Bella Gerlich as indicated by a wide number of news articles that reference her. This hardly an exclusive list, it features a variety of news outlets. In some articles she is the entirety of the story, in others a quote of hers is given prominence. This indicates a level of public interest in Bella Gerlich. Below are a few links to the above-mentioned articles. This includes articles written for Texas Tech students, staff and faculty. The fact that Texas Tech students, staff, and faculty have an interest in her can be examined in the fact that the daily toreador, a Texas Tech news publication, has published at least three separate articles including her. In 2018 there were 38,246 students enrolled at Texas Tech University. Including staff and faculty this indicates at least 40,000 individuals with an interest in Bella Gerlich. That is assuming no individuals outside Texas Tech are interested, recent census data for Lubbock, TX places the population at 253,887. This would indicate that over 15% of the general public is interested in this data, conservatively! That is utilizing local numbers. However, Bella Gerlich has garnered national attention from other libraries. She has developed a READ scale that is widely publicized http://readscale.org/ and written about in other states: https://www.lib.washington.edu/assessment/projects/chat-reference-assessment-project-2014-2016-final-report . I hope this helps convince you of the public interest that exists in Bella Gerlich and consequently her emails.
http://www.dailytoreador.com/lavida/reception-honors-texas-tech-archivist-texas-state-historian-monte-monroe/article_2634fa2a-f44c-11e8-9628-273c731efc06.html
http://www.dailytoreador.com/news/library-construction-still-underway/article_3018a862-6e24-11e6-97c1-87e29c46b5aa.html
https://www.lubbockonline.com/article/20141028/NEWS/310289769
https://www.arl.org/news/community-updates/3444-bella-karr-gerlich-named-dean-of-libraries-at-texas-tech#.XBRNblxKhPY
http://www.dailytoreador.com/news/bella-gerlich-named-new-dean-of-libraries/article_3ee8a91c-6879-11e4-88b2-13caca20e1b1.html
http://www.kcbd.com/story/31196363/water-sprays-from-hose-cabinet-floods-ttu-library-basement/
https://www.infodocket.com/2014/10/28/texas-tech-university-names-bella-karr-gerlich-new-dean-of-libraries/
https://www.infodocket.com/2014/10/28/texas-tech-university-names-bella-karr-gerlich-new-dean-of-libraries/
https://www.everythinglubbock.com/news/local-news/texas-tech-university-libraries-encourage-open-access-materials/855651001
https://www.wiareport.com/2014/11/a-pair-of-new-deans-bella-karr-gerlich-at-texas-tech-and-lei-lei-at-rutgers/
http://www.magic1065.com/story/31203145/suppression-valve-causes-flooding-in-tech-library-basement
http://www.doublet973.com/story/35398883/ttu-students-benefit-from-pet-therapy
http://library.uaf.edu/news-interim-dean-libraries-named
http://www.oldies977lubbock.com/story/35398883/ttu-students-benefit-from-pet-therapy
From: John Ricker
Good Morning Nathan,
I wanted to follow up on this request. I submitted this request December 4, 2018, 12 business days have since passed. Since more than 10 days have passed and I have not received the information, a cost estimate, a copy of a brief sent to the attorney general, or a reasonable date and time I can expect to receive the information; the presumption is the information is for public disclosure. Since you have failed to provide a cost estimate I presume the information does not require any fees. Please promptly respond with a reasonable date and time when I might expect the information to be released.
Sec. 552.3215. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.
Sec. 552.321. SUIT FOR WRIT OF MANDAMUS
In earlier communication, you stated:
“If you do not narrow the scope of your request, the costs to produce such information could be significant and TTU may be required to file a brief with the Office of Attorney General of Texas seeking to withhold the confidential documents and wait for an open records letter ruling, a process that can take up to 45 business days.”
That window has now passed and the statutory presumption is that the information is now public.
The governmental body must ask for the attorney general's decision and state the exceptions that apply within a reasonable time but not later than the 10th business day after the date of receiving the written request. (December 18, 2018)
Sec. 552.302. FAILURE TO MAKE TIMELY REQUEST FOR ATTORNEY GENERAL DECISION; PRESUMPTION THAT INFORMATION IS PUBLIC. If a governmental body does not request an attorney general decision as provided by Section 552.301 and provide the requestor with the information required by Sections 552.301(d) and (e-1), the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information.
I have not yet received a cost estimate for this request, the onus is on the agency to produce the cost estimate automatically, it need not be requested.
Sec. 552.2615. REQUIRED ITEMIZED ESTIMATE OF CHARGES. (a) If a request for a copy of public information will result in the imposition of a charge under this subchapter that exceeds $40, or a request to inspect a paper record will result in the imposition of a charge under Section 552.271 that exceeds $40, the governmental body shall provide the requestor with a written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs.
As you are likely aware:
(g) The time deadlines imposed by this section do not affect the application of a time deadline imposed on a governmental body under Subchapter G
“(d) If an officer for public information cannot produce public information for inspection or duplication within 10 business days after the date the information is requested under Subsection (a), the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication.” Texas Government Code, Title 5, Subtitle A, Chapter 552, Subchapter A § 552.221
Sec. 552.353. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC INFORMATION. (a) An officer for public information, or the officer's agent, commits an offense if, with criminal negligence, the officer or the officer's agent fails or refuses to give access to, or to permit or provide copying of, public information to a requestor as provided by this chapter.
(e) An offense under this section is a misdemeanor punishable by:
(1) a fine of not more than $1,000;
(2) confinement in the county jail for not more than six months; or
(3) both the fine and confinement.
From: Texas Tech University
Mr. Ricker,
From: Texas Tech University
Mr. Ricker,
Per our emails conversations, Texas Tech University (TTU) is in receipt of your open records request. However, as we have discussed, TTU has determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code:
1. The requested information is not currently available for public inspection in the form requested and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, many of the documents you have requested contain protected information and must be redacted prior to release. Therefore, we assessed the various costs of transferring this information to you in the most cost effective method. The itemized statement of estimated charges is:
Labor 1658 hrs. @ $15/hr. = $24,870.00
Overhead @ 20% = $4,974.00
Materials 1 (32GB) Flash Drive @ $12 each = $12.00____
Estimated Total Cost $29,856.00
2. Pursuant to §552.2615 of the Texas Government Code, TTU is providing you with an alternative, less expensive method of obtaining some of the requested information. Your request is estimated to return in excess of 12,500 emails (approximately 160,000 pages). If you narrow your time frame or provide us with key terms to search, this will likely reduce the amount of emails that must be reviewed and redacted.
3. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $14,928.00 (50% of the estimated costs) or provide TTU with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f);
* modify the request; or
* have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
4. You may choose to respond by email to nathan.christopher@ttuhsc.edu<mailto:nathan.christopher@ttuhsc.edu>, fax (806-742-1224), regular mail (P.O. Box 45031, Lubbock, TX 79409), or in person to Room 213 of the Administration Building, Texas Tech University at 15th Street and Akron, Lubbock, Texas.
5. Your check, money order, or bond must be made payable to: Texas Tech University.
6. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
7. TTU expects it to take 6 months to complete this request at current workloads.
8. Finally, some of the documents or information that you have requested may be withheld under State law. Therefore, if you choose to pay the deposit, we may request an Attorney General Open Records Decision (“ORD”) seeking to withhold some documents pursuant to the Texas Public Information Act. Tex. Gov’t Code § 552.001, et seq. Once the Attorney General makes a decision regarding the public disclosure of these documents, TTU will make those documents that are determined by the Attorney General to be public, if any, available for inspection or copying.
Feel free to contact me if you have any questions or concerns.
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: John Ricker
Hi Nathan,
In light of this Fee estimate, I am willing to modify my request. Rather than all emails sent to or from, I am only requesting the emails sent from. This should substantially reduce the amount of responsive documents.
Any emails sent from the email address “bella.k.gerlich@ttu.edu” between the time frame of January 1, 2018 and December 31, 2018.
From: Texas Tech University
Mr. Ricker,
Texas Tech University (TTU) is in receipt of your modified open records request below. TTU has determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code:
1. The requested information is not currently available for public inspection in the form requested and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, many of the documents you have requested contain protected information and must be redacted prior to release. Therefore, we assessed the various costs of transferring this information to you in the most cost effective method. The itemized statement of estimated charges is:
Labor 1035 hrs. @ $15/hr. = $15,525.00
Overhead @ 20% = $3,105.00
Materials 1 (32GB) Flash Drive @ $12 each = $12.00____
Estimated Total Cost $18,642.00
2. Pursuant to §552.2615 of the Texas Government Code, TTU is providing you with an alternative, less expensive method of obtaining some of the requested information. Your request is estimated to return in excess of 6,500 emails (approximately 90,000 pages). If you narrow your time frame or provide us with key terms to search, this will likely reduce the amount of emails that must be reviewed and redacted.
3. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $9,321.00 (50% of the estimated costs) or provide TTU with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f);
* modify the request; or
* have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
4. You may choose to respond by email to nathan.christopher@ttuhsc.edu<mailto:nathan.christopher@ttuhsc.edu>, fax (806-742-1224), regular mail (P.O. Box 45031, Lubbock, TX 79409), or in person to Room 213 of the Administration Building, Texas Tech University at 15th Street and Akron, Lubbock, Texas.
5. Your check, money order, or bond must be made payable to: Texas Tech University.
6. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
7. TTU expects it to take 4 months to complete this request at current workloads.
8. Finally, some of the documents or information that you have requested may be withheld under State law. Therefore, if you choose to pay the deposit, we may request an Attorney General Open Records Decision (“ORD”) seeking to withhold some documents pursuant to the Texas Public Information Act. Tex. Gov’t Code § 552.001, et seq. Once the Attorney General makes a decision regarding the public disclosure of these documents, TTU will make those documents that are determined by the Attorney General to be public, if any, available for inspection or copying.
Feel free to contact me if you have any questions or concerns.
***Please note, we have updated our policies concerning open record requests. Please send all future open records requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu>. ***
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: John Ricker
Hi Nathan,
In light of this Fee estimate, I am willing to modify my request. Rather than all emails sent from Bella.k.Gerlich@ttu.edu during this timeframe, I am requesting the metadata for all emails sent from Bella.k.gerlich@ttu.edu between January 1, 2018 and December 31, 2018.
For metadata I request the following fields in a csv or similar format:
Subject field
To field
Cc field
Bcc field
Time sent
Date sent
From: Texas Tech University
Mr. Ricker,
Texas Tech University (TTU) is in receipt of your modified open records request below. TTU has determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code:
1. The requested information is not currently available for public inspection in the form requested and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, many of the documents you have requested contain protected information and must be redacted prior to release. Therefore, we assessed the various costs of transferring this information to you in the most cost effective method. The itemized statement of estimated charges is:
CPU runtime: 70 minutes @ $10/minute $700.00
Labor hours: 9.85 hrs. @ $15/hr. $147.75
Overhead @ 20% of Labor $29.55
Materials 1 (32GB) Flash Drive @ $12 each $12.00____
Estimated Total Cost $889.30
2. Pursuant to §552.2615 of the Texas Government Code, TTU is providing you with an alternative, less expensive method of obtaining some of the requested information. If you narrow your time frame or provide us with key terms to search, this will likely reduce the amount of metadata requested that must be reviewed and redacted.
3. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $444.65 (50% of the estimated costs) or provide TTU with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f);
* modify the request; or
* have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
4. You may choose to respond by email to nathan.christopher@ttuhsc.edu<mailto:nathan.christopher@ttuhsc.edu>, fax (806-742-1224), regular mail (P.O. Box 45031, Lubbock, TX 79409), or in person to Room 213 of the Administration Building, Texas Tech University at 15th Street and Akron, Lubbock, Texas.
5. Your check, money order, or bond must be made payable to: Texas Tech University.
6. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
7. TTU expects it to take 2 months to complete this request at current workloads.
8. Finally, some of the documents or information that you have requested may be withheld under State law. Therefore, if you choose to pay the deposit, we may request an Attorney General Open Records Decision (“ORD”) seeking to withhold some documents pursuant to the Texas Public Information Act. Tex. Gov’t Code § 552.001, et seq. Once the Attorney General makes a decision regarding the public disclosure of these documents, TTU will make those documents that are determined by the Attorney General to be public, if any, available for inspection or copying.
Feel free to contact me if you have any questions or concerns.
***Please note, we have updated our policies concerning open record requests. Please send all future open records requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu>. ***
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: John Ricker
Hi Nathan,
I was hoping to pull metadata such as the subject field as that will likely be much easier on your office. Can you please help advise me on how best to eliminate the most labor or cost dependent costs of this search while maximizing my results. I’m loathe to narrow down the time frame at this time. Can you tell me which parts of pulling the metadata use the most cpu time? If removing a field such as time or Cc makes it reduce the CPU time required by the mainframe I would be more than happy to.
Thank you for your time,
John Ricker
From: Texas Tech University
Mr. Ricker,
Unfortunately, I don’t think removing the field such as time or CC will reduce the CPU time. However, if you can provide me exactly what you are looking for or send me key terms to search, this information will likely help with reducing the cost estimate.
Thank you,
Nathan
From: John Ricker
Hi Nathan,
Thank you,
That’s ok, I didn’t figure they would reduce the cpu time. I don’t really have any keywords that would be helpful for my search is the issue. Would a format different from csv help? If not I’m Willing to reduce the time frame. Or possibly a combination of a format change and time frame reduction. If you could give me an estimate on how much I would need to reduce the time frame by that would be appreciated.
From: John Ricker
Hi Nathan,
I am willing to modify my request. I am requesting the metadata for all emails sent from Bella.k.gerlich@ttu.edu between January 1, 2018 and January 31, 2018.
For metadata I request the following fields in a csv or similar format:
Subject field
To field
Bcc field
Date sent
Thanks,
Hopefully this is specific enough
John Ricker
From: Texas Tech University
Mr. Ricker,
Texas Tech University (TTU) is in receipt of your modified open records request below. TTU has determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code:
1. The requested information is not currently available for public inspection in the form requested and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, many of the documents you have requested contain protected information and must be redacted prior to release. Therefore, we assessed the various costs of transferring this information to you in the most cost effective method. The itemized statement of estimated charges is:
CPU runtime: 8 minutes @ $10/minute $80.00
Labor hours: 1.45 hrs. @ $15/hr. $21.75
Overhead @ 20% of Labor $ 4.35
Estimated Total Cost $106.10
2. Pursuant to §552.2615 of the Texas Government Code, TTU is providing you with an alternative, less expensive method of obtaining some of the requested information. If you narrow your time frame or provide us with key terms to search, this will likely reduce the amount of metadata requested that must be reviewed and redacted.
3. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $53.05 (50% of the estimated costs) or provide TTU with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f);
* modify the request; or
* have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
4. You may choose to respond by email to nathan.christopher@ttuhsc.edu<mailto:nathan.christopher@ttuhsc.edu>, fax (806-742-1224), regular mail (P.O. Box 45031, Lubbock, TX 79409), or in person to Room 213 of the Administration Building, Texas Tech University at 15th Street and Akron, Lubbock, Texas.
5. Your check, money order, or bond must be made payable to: Texas Tech University.
6. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
7. TTU expects it to take 2 weeks to complete this request at current workloads.
8. Finally, some of the documents or information that you have requested may be withheld under State law. Therefore, if you choose to pay the deposit, we may request an Attorney General Open Records Decision (“ORD”) seeking to withhold some documents pursuant to the Texas Public Information Act. Tex. Gov’t Code § 552.001, et seq. Once the Attorney General makes a decision regarding the public disclosure of these documents, TTU will make those documents that are determined by the Attorney General to be public, if any, available for inspection or copying.
Feel free to contact me if you have any questions or concerns.
***Please note, we have updated our policies concerning open record requests. Please send all future open records requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu>. ***
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: John Ricker
Hi Nathan,
I am willing to modify my request. I am requesting the metadata for all emails sent from Bella.k.gerlich@ttu.edu between January 1, 2018 and January 11, 2018.
For metadata I request the following fields in a csv or similar format:
Subject field
To field
Bcc field
Date sent
Thanks,
Hopefully this is specific enough
John Ricker
From: Texas Tech University
Mr. Ricker,
Texas Tech University (TTU) is in receipt of your modified open records request below. TTU has determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code:
1. The requested information is not currently available for public inspection in the form requested and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, some of the documents you have requested contain protected information and must be redacted prior to release. Therefore, we assessed the various costs of transferring this information to you in the most cost effective method. The itemized statement of estimated charges is:
CPU runtime: 5 minutes @ $10/minute $50.00
Labor hours: .60 hrs. @ $15/hr. $ 9.03
Overhead @ 20% of Labor $ 1.81
Estimated Total Cost $60.84
2. Pursuant to §552.2615 of the Texas Government Code, TTU is providing you with an alternative, less expensive method of obtaining some of the requested information: If you narrow your time frame or provide us with key terms to search, this may reduce the amount of metadata requested that must be reviewed and redacted. However, the time to set up the search for metadata and the CPU time to run the search is not expected to decrease significantly with this small of a time frame. Since labor is significantly less per hour than CPU time, it may be less expensive to pull the emails for this short of a time frame and redact all student related information. Unfortunately, it all depends on the number of emails in that time frame and we won’t know until we perform the search.
3. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* accept the estimated charges and will pay them;
* modify the request; or
* have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
4. You may choose to respond by email to nathan.christopher@ttuhsc.edu<mailto:nathan.christopher@ttuhsc.edu>, fax (806-742-1224), regular mail (P.O. Box 45031, Lubbock, TX 79409), or in person to Room 213 of the Administration Building, Texas Tech University at 15th Street and Akron, Lubbock, Texas.
5. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
6. TTU expects it to take 10 business days to complete this request at current workloads.
Feel free to contact me if you have any questions or concerns.
***Please note, we have updated our policies concerning open record requests. Please send all future open records requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu>. ***
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
Direct (806) 743-9484
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: John Ricker
Hi Nathan,
I have 3. c) sent a complaint to the Office of the Attorney General of Texas alleging overcharging.
Please let me know if you have any questions,
John Ricker
From: John Ricker
Hi Nathan,
In response to the Attorny Generals response, could I receive cost estimates for viewing the email metadata in person and viewing the emails in person.
Thanks,
John Ricker
From: Texas Tech University
Mr. Ricker,
The request to view emails in person appears to be a new request. Please send all new open record requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu>. When sending the new request, I suggest clarifying what you are seeking. Based on our previous communications, it appears you are looking to review, in person, all emails sent from Bella.k.gerlich@ttu.edu<mailto:Bella.k.gerlich@ttu.edu> between January 1, 2018 and January 11, 2018. If this is correct, I suggest sending your request in this format to the email stated above.
In response to your request to view the email metadata in person, please see the attached response to the Attorney General’s office, a copy of which you have been provided. As outlined in the response, viewing the documents in person will require the exact same costs as receiving a copy because the metadata has to be extracted and lawfully protected information must be manually redacted prior to viewing the information.
If you have any questions, please do not hesitate to contact me.
Thank you,
Nathan
From: Texas Tech University
Mr. Ricker,
We have not received a response from the Attorney General’s office responding to your cost estimate complaint. Please let me know if you would like to wait on response from the Attorney General before we issue another estimate. If you do not want to wait on a response from the Attorney General, please clarify your request below because we are unable to determine which email metadata you would like to view in person and which emails you would like to view in person. Additionally, based on your request, we are unable to determine the time frame of the information you would like to review and the metadata you would like TTU to extract for review.
TTU is required to inform you that if you do not respond to this request for clarification or narrowing within 61 days from the date of this request, your request will be considered withdrawn.
Thank you,
Nathan
From: Texas Tech University
Mr. Ricker,
As required by the Attorney General’s letter dated September 27, 2019, to provide you an invoice for viewing the records in person, Texas Tech University (TTU) is providing you this amended invoice for your February 18, 2019, open records request.
The documents responsive to your February 18, 2019, open record request are ready for inspection, and the total cost incurred for complying with this request are as follows:
Labor: .4 hrs. @ $15/hr. $6.00
_________________________________________________________
Estimated Total Cost: $6.00
Please make checks payable to Texas Tech University and mail to Texas Tech University, c/o Ronny H. Wall at P.O. Box 45031, Lubbock, Texas 79409-503.
We will call or email you to schedule a time as soon as possible to review the documents in person after we have received payment. Please provide us with your daytime phone number or the email address you would like to be contacted at to schedule a time to inspect the documents.
***Please continue to send all open records requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu***>***
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
Direct (806) 743-9484
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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From: Texas Tech University
Mr. Ricker,
As required by the Attorney General’s letter dated September 27, 2019, Texas Tech University (TTU) is providing you this amended estimate to your June 10, 2019, open records request. TTU has determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code:
1. The requested information is not currently available for public inspection because it contains protected information that must be redacted prior to release. Therefore, we assessed the various costs of transferring this information to you in the most cost effective method. The itemized statement of estimated charges is:
Labor: 72.3 hrs. @ $15/hr. $1,084.50
Reduction for February, 18, 2019 request ($6.00)
_________________________________________________________
Estimated Total Cost: $1,078.50
2. Pursuant to §552.2615 of the Texas Government Code, TTU is providing you with an alternative, less expensive method of obtaining some of the requested information: If you narrow your time frame or provide us with key terms to search, this will reduce the amount of data that needs be reviewed and redacted for protected information.
3. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
a. accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $539.25 (50% of the estimated costs) or provide TTU with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f);
b. are modifying the request (state the modification); or
c. have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
4. You may choose to respond by email to nathan.christopher@ttuhsc.edu<mailto:nathan.christopher@ttuhsc.edu>, fax (806-742-1224), regular mail (P.O. Box 45031, Lubbock, TX 79409), or in person to Room 213 of the Administration Building, Texas Tech University at 15th Street and Akron, Lubbock, Texas.
5. Your check, money order, or bond must be made payable to: Texas Tech University.
6. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
7. TTU expects it to take 3 months to complete this request at current workloads.
8. Finally, some of the documents or information that you have requested may be withheld under State law. Therefore, if you choose to pay the deposit, we may request an Attorney General Open Records Decision (“ORD”) seeking to withhold some documents pursuant to the Texas Public Information Act. Tex. Gov’t Code § 552.001, et seq. Once the Attorney General makes a decision regarding the public disclosure of these documents, TTU will make those documents that are determined by the Attorney General to be public, if any, available for inspection or copying.
Feel free to contact me if you have any questions or concerns.
*** Please continue to send all future open records requests to publicinfo@ttu.edu<mailto:publicinfo@ttu.edu>***
Thank you,
Nathan Christopher
Assistant General Counsel
Texas Tech University System
3601 4th Street, Suite 2B137 / MS 6246
Lubbock, Texas 79430
Office (806) 743-2986 Fax (806) 743-1857
Direct (806) 743-9484
CONFIDENTIALITY NOTICE: This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
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