Settlements and NDAs with employees since 2015

Ms. Sanit:

This Firm represents the Collin County Community College ("Collin College" or "College"). The College is in receipt of your request for information dated May 16, 2021 and received May 17, 2021 ("Request") in which you requested the following information:
1 - "total number of settlements or other agreement involved in the separation, non-renewal, or termination process with employees or former employees since August 2015;
2 - total dollar amount of each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees, and any other costs incurred in each settlement process;
3 - source of funds used in each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees and, if insurance, source of funds for insurance premium;
4 - whether a condition of each each settlement or other agreement involved in the separation, non-renewal, or termination process with employees or former employees requires a party seeking affirmative relief against Collin College to agree not to disclose any fact, allegation, evidence, or other matter to any other person, including a journalist or other member of the media."
Pursuant to Section 552.222(b) of the Texas Public Information Act ("TPIA"), the College asks that you clarify and/or narrow the scope of your Request as it is overly broad and would require the College to expend substantial resources and personnel time to search for documents that may or may not be responsive to the Request. Please note that the College is not inquiring into the purpose for which the information you are requesting will be used. Specifically, the College requests that you:
1. The College does not maintain a single document or set of documents that responds to your questions or the specific list of information sought. Therefore, please clarify the specific document you are seeking. Please note, under the TPIA, the College is not required to create new information, to conduct legal research, or to answer questions about specific items.
2. Please narrow the scope of your Request Items #2-3 by providing a specific time frame (i.e. January 1, 2021 through February 1, 2021).
3. The College maintains a number of contracts or agreements with various types of parties, including vendors. Please clarify your Request Item #1-3 as to whether you are seeking documents related to settlement agreements that are specific to only faculty members.
4. Suggest other ways that your Request could be narrowed or clarified to assist in locating responsive records.

The additional information, clarification and narrowing you provide will assist the College with efficiently searching and locating potentially responsive documents to your Request and may reduce the costs charged to you, if any.

Additionally, some of the information responsive to your Request may be protected from disclosure in accordance with the TPIA. Pursuant to Section 552.222 of the Texas Government Code, the College requests that you narrow or clarify your Request as follows:

1. Please clarify whether you consent to the College redacting any and all information it believes is confidential in accordance with the TPIA without the necessity of a request to the Texas Attorney General. Confidential information may include, but is not limited to, attorney-client privilege, attorney-work product, confidential personnel information and/or witness/informer information.

Once we receive clarification as stated above, we will begin processing your Request(s) and provide an estimated date of completion and costs, if applicable. Additionally, if required, we will proceed with a request to the Texas Attorney General. Please be advised that you must respond to this request for clarification in accordance with Section 552.222(d) of the Act. If you do not respond in writing to this inquiry by the 61st day after the date this request for clarification and/or narrowing of the scope of your request is sent, your Request will be considered withdrawn. Please be advised that upon receipt of a clarification, all timelines restart pursuant to the TPIA.

Thank you for your anticipated response.

Susan Brendemihl, Paralegal
sbrendemihl@abernathy-law.com<mailto:sbrendemihl@abernathy-law.com> / Abernathy-Law <http://www.abernathy-law.com/>
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Abernathy, Roeder, Boyd & Hullett, P.C.
1700 Redbud Blvd. / Suite 300 / McKinney, TX. 75069
Main 214.544.4000 / Direct 214.544.4016 / Fax 214.544.4044

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A fix is required to perfect the request.