STATE OF NEW MEXICO COUNTY OF SIERRA SEVENTH JUDICIAL DISTRICT COURT No.

: D-0721-CV-2009-00098 Judge: WILLIAM SANCHEZ

S T ,\ TE 0 F N E 'N M E X i C 0 S EVE NTH J U.QI C IA L

DISTRICT
F!LED

COURT

2010 LiRN 20

rn

1 37

COURT CLERK
8Y __

STATE OF NEW MEXICO, ex. rei. DEBORAH TOOMEY, Individually, Petitioner, vs.

DEPUTY

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CITY OF TRUTH or CONSEQUENCES, a Municipality; LORI MONTGOMERY, Individually, and in her Official Capacity as Mayor; JERRY D. STAGNER, Individually, and in his Official Capacity as Mayor Pro-Tern; FRED TORRES, Individually, and in his Official Capacity of City Commissioner; EVELYN RENFRO, Individually, and in her Official Capacity of City Commissioner; STEVE GREEN, Individually, and in his Official Capacity of City Commissioner; JAIME AGUILERA, Individually, and in his Official Capacity of City Manager; MARY PENNER, Individually, and in her Official Capacity of City Clerk and Custodian of Records; BERNADINE GARCIA, Individually, and in her Official Capacity as Utility Billing Supervisor; DISTRICT ATTORNEY FOR SIERRA COUNTY, Respondents. CITY'S RESPONSE TO MOTION TO STRIKE CITY'S REPLY COMES NOW the City, and for its response, states as follows:

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1. The Petitioner correctly pointed out that the January 4, 2010 letter fr m Mr. Jost was unsigned. Attached hereto is the signed letter. 2. The January 4, 2010 letter does not raise new issues. Rather, the le er supports the arguments made in the City's December 28, 2009 Motion to Dismi s. It further shows that the requested documents simply do not exist, and never ha e. The City simply cannot produce a non-existent document. WHEREFORE, the City prays that the City's December 28, 2009 Motion Dismiss be granted.
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JAIM F. RUBIN, Esq. City Attorney Jaime F. Rubin, LLC P.O. Drawer 151 Truth or Consequences, NM 87901 575.894.3031 Fax: 575.894.3282 CERTIFICATE OF MAILING

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AMERICAN
Telephone(303)7415711 FAX (303) 741-496

ATA GROUP

Centennial, CO 801 2-6600

5730 E Otero Ave Suite 300

January 4, 2010

Berna Garcia City of Truth or Consequences 505 Sims SI

Truth or Consequences, NM 117901

Dear Ms. Garcia, This letter is in response to your email

Connection. Regarding Item 13: Instead of creati g a report to manually go through, you can use the System Administration Menu - option 10 'Export Data For SS/WP' to accomplish the same task. Select the SYA UD file. then F6 to sele t all fields. Fl to GO, enter a file name like Audit.csv to create and then F I again.

f January 4, 2010 regarding the Jog tiles and

on Be
.:

This will create a CSV formatted file t at can be imported in to an access database or excel spreadsheet (maximum tOWS of 65k) a d then viewed and modified. COlI is the company number and is always \. COQtrol# is t ic account number when the module id is MA.CT,DT,DP; or service location code when the mod rle id is LC,LS,LT,SV. Field is the description of the field the data is for. Key2 is the Location S rvice identifier when the module id is LS; or Question Number when the module id is DT,LT or Third party contact# when the module is CT. Mod Date was the date of the transaction. odule identifies which master file was accessed. New
Value is the new value that was added Old Value was the previous value before the change. Time is seconds from midnight the tra saction occurred. Who was the logged in operator id that made the change.

you wish not to provide it. The other search and delete of data.

You could use this file and create mac os to delete records where the field data is confidential and 0 tion would be to print II. big report to file and then do a

Rcga .. ding Item 14: The Microsoft is only for Microsoft products. The dri the Progress/Merant opse driver to t use the Server to connect to the ODB wish to use to extract the data. Once t password to access the data. The data

DDC driver provided with the Microsoft operating system er does not talk with 3r.i party databases. If you connect e database you can ex. tract more: data. You would have to r or install the Progress/Merant Driver on the system you e driver is installed, you must have a login id and s not just accessible unless you configure the proper log-in
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requirements. TIle information provid d in 'Regarding Item 13' will accomplish tbe s re thij~

connecting extraction.

an ODRe unless you know ow to use the SQL language to refine your data
file is a standard text file that is accessible from any a system log file and does not track user activity. The is started, stop, had maintenance functions performed on ut data and time. This Jog file DOES NOT have any

'Regarding Item 15: The Progress LQ editor or word processor. The log file i log file tracks when the database servic it, and a user's machine name login/log

audit trail of a users activity within the atsbase.

Rega,-ding Item 16: Because the audi file report and extract is be field within each master file, the report can be extremely large. I f an perator accesses and account and changes 4 fields of data, 4 different records are created. A y data NOT CHANGED, is not included in the audit JogRegarding Item 17: Yes the audit tog report can be printed or saved to a text tile.
Rcg:.JrcJi~g helt) 18! What we call a r ort or a file has to do with what we mean for iI, not how a dictionary may describe the same wo d.

Regllrding Item 19: NO DATA is 10 % capable of being protected. If you look at all the PCI DSS restrictions for credit card process ng to help promote security, even the largest credit card processors who conform to the restrict 011 have been hacked. .
please let me know if you have any oth r inquiries.

::;;1 zi:
President

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