But then I shouldn't be surprised at more "processing" delays on the part of the Texas OAG--it's become their standard modus operandi:
From: Kristina Brunner
Sent: Tuesday, June 03, 2014 10:54 AM
To: Staricka, Susan
Subject: Re: ASUS d/b/a WAO inquiry
Sent: Tuesday, June 03, 2014 10:54 AM
To: Staricka, Susan
Subject: Re: ASUS d/b/a WAO inquiry
Dear Ms. Staricka:
I am contacting your Office to determine whether or not the Texas OAG officially closed the ASUS (dba WAO) case. Has this case been officially closed yet?
Regards,
Kristina Brunner
The response...
Ms. Brunner,
I am working on your inquiry and will respond within the next day or two. Thanks for your ongoing courtesy.
Susan
Sadly, it's been more than a day or two since receiving the above response--and still nothing. Sigh.
So I waited some more before sending a follow-up email:
Ms. Staricka:
Status of WAO Case? Open or closed?
Regards,
Kristina Brunner
No response--again.
So I decided to go the "Open Records" route:
From: Kristina Brunner
Sent: Thursday, July 10, 2014 2:40 PM
To: publicrecords; publicrecords
Subject: Public Information Request - Animal Sanctuary of the United States (dba The Wild Animal Orphanag)
Sent: Thursday, July 10, 2014 2:40 PM
To: publicrecords; publicrecords
Subject: Public Information Request - Animal Sanctuary of the United States (dba The Wild Animal Orphanag)
This is a request under the Public Information Act.
I request that a copy of any and all formerly privileged, internal correspondence, including its attachments, that were excluded by a previous ruling (as to the category of documents) in another request related to ASUS, internal communications, CID documents, and USDA communications. I was told the withheld communications were intended to be used for possible prosecution of the ASUS board of directors and could not be released until the ASUS case was closed by the Texas OAG. Since the ASUS case is closed, I request the previously withheld documents,covering the period from January 1, 2009 – July 10, 2014, to be provided to me via email (preferred) or regular mail.
If the document(s) cannot be presented at this time, I would like to be notified as to the exact date, time, and place the records will be made available to me.
If any records were filed with the judiciary, I would like instructions on how to receives these documents.
In order to help determine my status fee, you should know that I am seeking information for personal use and not for commercial use.
In order to help determine my status fee, you should know that I am seeking information for personal use and not for commercial use.
I request a waiver of all fees for this Public Information Act request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the Texas Office of the Attorney General/Charitable Trust Division.
Thank you for your consideration of this request.
Regards,
Kristina Brunner
xxxxx xxxxxx xxxxxxxxxxx
San Antonio, TX 78251
xxxxx xxxxxx xxxxxxxxxxx
San Antonio, TX 78251
On Thursday, July 10, 2014 3:29 PM, publicrecords <publicrecords@texasattorneygeneral.gov> wrote:
July 11, 2014
Dear Ms. Brunner:
As you know, you were provided all non-confidential and non-privileged documents. Any CID documents that are responsive to your request are confidential by law. The privileged documents are subject to the attorney-client privilege. This privilege does not end at the conclusion of any litigation. The Office of the Attorney General will seek to withhold all confidential and privileged documents that are contained in the case file by seeking a ruling from the Open Records Division.
Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division
From: Kristina Brunner
Sent: Thursday, July 10, 2014 8:50 PM
To: publicrecords
Subject: Re: Public Information Request - Animal Sanctuary of the United States (dba The Wild Animal Orphanag)
Sent: Thursday, July 10, 2014 8:50 PM
To: publicrecords
Subject: Re: Public Information Request - Animal Sanctuary of the United States (dba The Wild Animal Orphanag)
Dear Ms. Harden:
As you know, your Office provided me with the original CID and its subsequent supplements from late 2006 to early 2010. While I am aware I cannot see the ASUS CID responses, I am allowed to see a copy of the original supplements sent by your Office to the ASUS. The last supplement request and CID I received from your Office was dated May 21, 2010. Were there any other supplemental CIDs since that date sent to ASUS or its attorney?
Also, as you know, your Office provided me with attorney-ASUS client and attorney-to-other government entities documents from 2006-2009 (i.e. USDA and TCEQ). It wasn't until 2010, that my public information response letters included disclosures that the Charitable Trust would seek relief from the Texas OAG Open Records Section if I requested this "privileged" information. When I spoke with Mr. Hargrove regarding this new statement added to the first response letter, I was told that if the OAG pursued legal action against the Board of Directors, the Texas OAG did not want to "tip its hand" and release information pertaining to case. I was also advised I could ask for this information once ASUS case was over. From that point on, in each of my subsequent Public Information requests I made to your Office, I made it clear that I intended to request these "privileged" documents at the conclusion of the ASUS case.
Since precedent has already been set, and internal and external communications were previously furnished until 2010, I respective request this information be released since it no longer serves any value to your Office as no legal action was brought forth against the ASUS former board directors and the case was finally closed.
In light of the distrust many Americans have of our government system today, I have to wonder myself why the Texas OAG is determined to keep information dated from 2010-2013 from the general public interested in learning how our Texas government processed the ASUS case. In the spirit of "open government" I hope your Office will reconsider this request and if it must, seek an Open Record opinion outside the Texas OAG, so there would be no conflict of interest.
Regards,
Kristina Brunner
On Friday, July 11, 2014 7:34 AM, publicrecords wrote:
July 11, 2014
Dear Ms. Brunner:
We will review our records for any supplemental CIDs that were issued after May 21, 2010. As for your request, for the privileged documents, you are not prohibited from asking for this information. I simply wanted to inform you that the Office of the Attorney General does not intend to waive its privilege and we will seek a ruling to withhold this information from disclosure. Finally, there is no other administrative option than the Open Records Division.
Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division
This was the last email I received from the Texas OAG on this subject:
On Friday, July 11, 2014 7:34 AM, publicrecords wrote:
July 11, 2014
Dear Ms. Brunner:
We will review our records for any supplemental CIDs that were issued after May 21, 2010. As for your request, for the privileged documents, you are not prohibited from asking for this information. I simply wanted to inform you that the Office of the Attorney General does not intend to waive its privilege and we will seek a ruling to withhold this information from disclosure. Finally, there is no other administrative option than the Open Records Division.
Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division
Ms. Harden:
Please seek the ruling regarding the information your Office does not wish to disclose to the public to your Open Records Division. I'd would like a copy of that ruling for my records.
If there were any additional CIDs issued since May 2010, I would like a copy of that document.
Regards,
Kristina Brunner
It looks like I will never know the truth as to what really went on behind the scenes at the Texas OAG as it pertains to the WAO case. It's hard to believe that an organization that is paid for in part by my tax dollars refuses to disclose information about a case that is now closed. This is why people, like myself, are so distrustful of government entitles--too may lies---too many secrets. Something tells me I'll never hear back from this organization again.
LATER:
Well, here's the latest email traffic regarding the release of so-called "confidential" documents for a case that was closed by all governmental agencies, including the USDA.
NOTE: Any replies to this email will not be received.
For your reading enjoyment, here is the Texas Public Information Act:
2014 Texas Public Information Handbook
LATER:
Well, here's the latest email traffic regarding the release of so-called "confidential" documents for a case that was closed by all governmental agencies, including the USDA.
From: Kristina Brunner
Sent: Tuesday, July 29, 2014 11:50 AM
To: Crawford, Amanda
Subject: Fw: Public Information Request No. 14-39350
Sent: Tuesday, July 29, 2014 11:50 AM
To: Crawford, Amanda
Subject: Fw: Public Information Request No. 14-39350
Dear Ms. Crawford:
In accordance with Texas Office of the Attorney General Public Information Handbook (2014), Section VI (A);
VI. Attorney General Determines Whether Information is Subject to an Exception
A. Duties of the Governmental Body and of the Attorney General Under
Subchapter G
Sections 552.301, 552.302, and 552.303 set out the duty of a governmental body to seek the attorney
general’s decision on whether information is excepted from disclosure to the public.
Section 552.301, subsections (a), (b), and (c), provide that when a governmental body receives a
written request for information the governmental body wishes to withhold, it must seek an attorney
general decision within ten business days of its receipt of the request and state the exceptions to
disclosure that it believes are applicable. Subsections (a), (b), and (c) read:
(a) A governmental body that receives a written request for information that it wishes
to withhold from public disclosure and that it considers to be within one of the
exceptions under Subchapter C must ask for a decision from the attorney general
about whether the information is within that exception if there has not been a
previous determination about whether the information falls within one of the
exceptions.
(b) 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.
It has been more than 10 business date since my original request for documents pertaining to the Animal Sanctuary of the United States (formerly known as The Wild Animal Orphanage). The case is now closed and I am requesting documents that were previously withheld covering the period of January 1, 2007 to July 10, 2014 be provided to me either by email or regular mail.
Since the former non-profit organization in question was permanently closed in February 2014, I cannot imagine why any of the documents should be classified as "protected." No confidential relationship exists between the Texas Office of the Attorney General attorneys and WAO representatives since the OAG was responsible for investigating and prosecuting the organization and not providing legal services to the alleged offenders; no attorney-client relationship exists. I've also learned the Texas OAG elected not to prosecute any of the former WAO board of directors, so release of the documents will not disclose any proposed legal action.
From 2006 to 2008 I made several requests for public information files and no documents were withheld from me until 2009. I was told at that point the records were withheld because the Tedas OAG was looking into possibly prosecuting the alleged offenders. Since this case has been closed without prosecutorial action, I am requesting all the records that were previously withheld be provided to me, as precedent has already been set by past released documents.
Your favorable consideration in this matter is greatly appreciated.
Regards,
Kristina Brunner
Here is her response to my email:
NOTE: Any replies to this email will not be received.
Please see the attached document regarding electronic submissions to the Office of the Attorney General.
I MAILED the same email to the Texas OAG since the "Open Records (that are NOT so open) Department" cannot accept emails from me.
Here is the email response from Ms. Harden:
Subject: Public Information Request No. 14-39350
From: publicrecords (publicrecords@texasattorneygeneral.gov)
To: kbrunner
Cc:
Bcc:
Date: Thursday, July 31, 2014 10:23 AM
July 31, 2014
Ms. Kristina Brunner
kbrunner
VIA E-MAIL ONLY
RE: Public Information Request No. 14-39350
Dear Ms. Brunner:
This e-mail is in response to your public information request to the Office of the Attorney General (“OAG”), received by the OAG on July 10, 2014. A copy of your request follows this e-mail.
As stated in our previous communications, the OAG believes the requested documents are excepted from public disclosure. Pursuant to section 552.301 of the Government Code, we have requested a ruling on this information from the Open Records Division of the OAG. A copy of our brief to the Open Records Division is attached.
If you have any questions, please contact me atpublicrecords@texasattorneygeneral.gov.
Sincerely,
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division
Subject: Public Information Request No. 14-39350
From: publicrecords (publicrecords@texasattorneygeneral.gov)
To: kbrunner
Cc:
Bcc:
Date: Thursday, July 31, 2014 10:23 AM
July 31, 2014
Ms. Kristina Brunner
kbrunner
VIA E-MAIL ONLY
RE: Public Information Request No. 14-39350
Dear Ms. Brunner:
This e-mail is in response to your public information request to the Office of the Attorney General (“OAG”), received by the OAG on July 10, 2014. A copy of your request follows this e-mail.
As stated in our previous communications, the OAG believes the requested documents are excepted from public disclosure. Pursuant to section 552.301 of the Government Code, we have requested a ruling on this information from the Open Records Division of the OAG. A copy of our brief to the Open Records Division is attached.
If you have any questions, please contact me atpublicrecords@texasattorneygeneral.gov.
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division
For your reading enjoyment, here is the Texas Public Information Act:
2014 Texas Public Information Handbook
