another request for the truth

RICHARD L. ELLISON, P.C.
Attorney at Law
327 Earl Garrett, Suite 106
Kerrville, Texas 78028
Phone: (830) 792-5601
Facsimile: (830) 792-5602


Board Certified in Civil Trial Law E-Mail: rellison@richellison.com and Personal Injury Trial Law,
Texas Board of Legal Specialization


June 9, 2008

By fax to 512 481-1992
Original will not follow

Claire V. Morris Sloan
Assistant Attorney General
Office of the Attorney General
Education and Enforcement Section
Open Records Division
P.O. Box 12548
Austin, TX 78711-2548

Re: Ruling Request 316960

Dear Ms. Sloan,

I am submitting this letter to try to expedite the handling of Clint Griffin’s May 27 of this year. Since I have been requesting this information since January, I believe that the request is too late and Mr. Sutton has waived any right to request an opinion. Without waiving my objection, I will make clear that I do not seek information that is confidential under the Public Information Act. Specifically, I do not want to see social security numbers, bank account or credit card account numbers, telephone numbers or addresses of personnel. Nor do I want to see information that would jeopardize an ongoing investigation, or that would reveal information of past criminal investigations.

Mr. Sutton allowed me to review limited information at his office on April 30. This included computer generated account statements for the escrow fund and asset forfeiture fund for the fiscal year ended 8-31-07. Also, the bank statements and cancelled checks for the forfeiture fund for the same fiscal year, and two sets of credit card statements. Mr. Sutton’s assistant, Janet Jones, redacted the account numbers. My review of the documents provided revealed the following:

Claire V. Morris Sloan
June 9, 2008
Page 2

Check date amount to for

2739 08-22-07 $21,475 TIBA Hawaii trip
2530 09-07-06 3,125 cash “office conference”
2546 09-29-06 6,000 cash “office conference”
2632 02-20-07 4,800 cash “office conference”
2702 06-07-07 1,200 cash “office conference”
2729 07-31-07 3,000 E.K. Prohl “South Pacific conference”

I have requested that Mr. Sutton provide additional documentation to explain what these checks paid for. Specifically, I have requested vouchers and receipts to document the use of the money. I have also requested the program brochures for the conferences. I do not object to redacting the account numbers.

While we are waiting for your office’s determination, I request that you direct Mr. Griffin to produce copies of the account statements he let me view, i.e., for the escrow and special fund accounts for fiscal year ended 8-31-07. I will pay the reasonable copy charge in advance.

Finally, I have also requested the annual statements of expenditures from the escrow and forfeiture accounts from 8-3-04 to present. Again, I do not object to the redacting of the account numbers. Since Mr. Sutton allowed me to see the statements for the fiscal year ended 8-31-07, he cannot seriously assert that these records are not public information.

Very truly yours,
/S/
Richard L. Ellison
Cc: Clint T. Griffin