100120 city response to motion to strike

8/3/2019 100120 City Response to Motion to Strike

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STATE OF NEW MEXICOCOUNTY OF SIERRASEVENTH JUDICIAL DISTRICT COURT

S T , \ T E 0 F N E 'N M E X i C 0S E V E N T H J U .Q I C I A L

D IS T R IC T C O U R TF !LE D

No.: D-0721-CV-2009-00098Judge: WILLIAM SANCHEZ

2 0 1 0 L i R N 20 rn 1 3 7

Petitioner,

C O U R T C L E R KD E P U T Y ]

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

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vs.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 REPLYCOMES 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 mMr. Jost was unsigned. Attached hereto is the signed letter.

2. The January 4, 2010 letter does not raise new issues. Rather, the le ersupports 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 0Dismiss be granted.

JAIM F. RUBIN, Esq.City AttorneyJaime F. Rubin, LLCP.O. Drawer 151Truth or Consequences, NM 87901575.894.3031 Fax: 575.894.3282

CERTIFICATE OF MAILING

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~- : ~~ I : : AMERICAN ATA GROUP5730 E Otero Ave Suite 300Centennial, CO 80 1 2 -660 0Telephone(303)7415711FAX (3 03 ) 7 41 -4 96

January 4, 2010

Be rn a G a rc iaCity of T ruth or Consequences50 5 Sim s SITruth or Consequences, NM 117901

D ear M s. G arcia,This le tte r is in response to y ou r email f January 4, 2 0 1 0 r eg ard in g the Jo g tiles an d o n B eConnection.Regarding Item 13: Instead of creati g a report to m anually go through, you can use theSystem Administration M enu - option 1 0 'Export Data For SS/W P' to accomplish the sam e task.Select the SYA UD file. then F6 to sele t all fields. Fl to GO, enter a file name like Audit.csv tocre ate and then F I again.T his w ill create a C SV form atted file t at can be im ported in to an access database o r e xc elspreadsheet (maximum tOWS of 65k) a d then viewed and modified. COlI is the companynumber 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 fieldthe data is for. Key2 is th e Location S rvice identifier when the module id is LS; or QuestionNumber when the m odule id is DT,LT or Third party contact# when the m odule is CT . M odDate was the date of the transaction. odule identifies which master file was accessed. NewValue is the new value that was added Old Value was the previous value before the change.Time is seconds from midnight th e tra saction occurred. Who was th e logged in operator id thatm ade the change.Y ou could use this file and create m ac os to delete records where th e fie ld d ata is confidential andyou wish not to provide it. The other 0 tion would be to print II. big report to file and then do asearch and delete of data.Rcga ..ding Item 14: The Microsoft DDC driver provided with the Microsoft operating systemis only for Microsoft products. The dri er does not talk with 3r .i party databases. If you connectthe Progress/Meran t opse dr iver to t e database you can ex.rtract more: data. Y ou would have tous e th e Server to connect to the ODB or install the Progress/Merant Driver on the system youwish to use to extract the data. Once t e driver i s ins ta lled, you must have a login id andpassword to access the data. The data s not just accessible unless you configure the proper log-inrequirements. TIle information provid d in 'R eg ard in g I tem 13'will accomplish tbe s re thij~


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connecting an ODRe unless you know ow to use the SQ L language to refine your dataextraction.

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'Regarding Item 15: The Progress LQ file is a standard text file that is accessible from anyeditor or word processor. The log file i a system log file and does no t track user activity. Thelog file tracks when the database servic is started, stop, had maintenance functions performed onit , and a user's m achine nam e login/log ut data and tim e. This Jog file D OES NOT have an yaudit trail of a users activity within the atsbase.

Rega,-ding Item 16: Because th e audi file re po rt a nd e xtra ct is be field within each master file,t he r ep or t ca n be ex tr eme ly large. I f an perator accesses and account and changes 4 fields ofdata, 4 different records are created. A y data NOT CHANGED, is no t included in the audit Jog-

Regarding 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 or t or a file has to do with what we mean for iI, not howa dictionary may describe the same wo d.Regllrding Item 1 9: NO DATA is 10 % capable o f b ein g protected. If you look at all the PCIDSS restrictions fo r credit card process ng to h el p p romote security, even the largest credit cardprocessors who conform to the restrict 011 have been hacked. .please let me know if you have any oth r inquiries.::;;1zi:resident

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100120 city response to motion to strike

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