April 20, 2012

Alfred Nairn3422 Chisholm TrailKilleen, TX 76542alfred_nairn@hot.rr.com254 213-4411

RE: Open Records Complaint - Killeen ISD

I, Alfred Nairn, file this formal complaint against Killeen ISD for violation of the Texas Public Information Act. Killeen ISD on multiple occasions have denied access to public information and has charged for documents which were never provided or provided access to as the Professional Standards Coordinator is required to set up a meeting at the KISD Safety Office with the Police Chief Walker Veal in order to make access to documentation and copies available. This complaint will show that KISD is charging for information which is a violation of the TPIA and in which by their own admission, should have been automatically withdrawn due to no response (attorney invoices) after a revised cost estimate. Killeen ISD used these bogus charges to continually deny access to information long after the request was made and after other subsequent requests were honored. It is my contention that Killeen ISD is again refusing to release public information relating to sexual misconduct among staff and with students and is trying to use the Attorney General's office and the TPIA as have been done in the past as a means of refusing to comply with the law.

Killeen ISD is not seeking Attorney General rulings in good faith on subsequent requests as well as the Attorney General has ruled on the same types of requests previously and the requestor has not requested confidential information. Killeen ISD continually fails to comply with the Public Information Act by failing to promptly release requested information. Killeen ISD fails to release public information promptly and without delay, but denies access to information based on a bogus claim of owing money even long after the requests were made and not honored. Killeen ISD has requested in excess of 20 Attorney General rulings over the same general information in an attempt to deny public information and keeps burdening the AG office with redundant requests for rulings as a delay and denial tactic which is a violation of the Public Information Act.

Although complaints have been lodged against Killeen ISD, they have not been timely acted upon or resolved even though the evidence is contrary to what KISD is reporting. I am asking that the Attorney General's office rule on this complaint expeditiously and file suit against Killeen ISD as they are repeatedly denying access to public information. The facts verifying the violation of the Public Information Act is outlined below.

1. Correspondence dated December 15, 2011 denies access to information based on past due amounts which are disputed:

Request made October 10, 2010, response from district received October 19, 2010. Requestor failed to respond to improperly prepared cost estimate which did not include required TPIA notices to the requestor within 10 days - Therefore according to Public Information Act, "your request is considered automatically withdrawn if you do not respond in writing to the itemized statement and any updated itemized statement within ten business days …." Consequently the requestor owes no money to KISD as this request was automatically withdrawn by default.

Lesson plans by Elijah Chisolm's 8th grade teachers. Requested on December 1, 2010. Not made available by following guidelines set by the superintendent. No official cost estimate was provided. The correspondence dated January 6 only stated an estimated cost estimate and not an official estimate including the number of redactions and actual cost. No response was provided as well within 10 days therefore again according to KISD public information policy and Public Information Act, "your request is considered automatically withdrawn if you do not respond in writing to the itemized statement and any updated itemized statement within ten business days …." Consequently the requestor owes no money to KISD as this request was automatically withdrawn by default.

Copies of all attorney invoices from April 2010 through November 2010, $85. The correspondence on February 10 was a revised cost estimate which was more than the original cost estimate. The document states, "That your request is considered automatically withdrawn if you do not respond in writing to the itemized statement and any updated itemized statement within the ten business days that you ……" Consequently the requestor owes no money to KISD as this request was automatically withdrawn by default.

Copy of Tape recording for Shannon Martinez $10. I, Alfred Nairn, did not request this information, therefore to deliberately bill me for public information that I did not request should be a violation of the act and definite proof of overcharges as an attempt to deny access and violate the Public Information Act. From my understanding the requestor although that information was provided electronically has paid the $10 for this recording but has not received it as of yet. If Killeen ISD can bill me for requests made by other requestors, then I as an individual requestor have no rights and would be paying for requested information that I have no knowledge of or who is receiving the information since there may be FERPA protected or confidential information included which I as a member of the public should not have access to under any circumstances if it is not related to my child.

After a careful review of all the documents and requests, it would seem appropriate that the charges and denial of access of information to me as a requestor have been purposefully falsified and constitute a violation of the Public Information Act.

These attempts to deny access to public information are a direct result of retaliation, discrimination and harassment tactics that are commonly employed by Killeen ISD.

It is my sincere hope and prayer that the Attorney General's Office will take appropriate measures to ensure that the Texas Public Information Act is adhered to by Killeen ISD and that they are not allowed to deny access to public information based on trumped up charges that constitute violations of the law.

With Regards,

Alfred Nairn

Encl: 117 Pages Correspondences between requestor and Killeen ISD