8/3/2019 111114 Supplement to Reply to Motion to Dismiss

1/7

STATE OF NEW MEXICOSEVENTH JUDICIAL DISTRICTCOUNTY OF SIERRASTATE OF NEW MEXICO, ex rel.DEBORAH TOOMEY, an individual,

Plaintiff,

vs.CITY OF TRUTH OR CONSEQUENCES,et al.,

Defendants.

No. D-0721-CV2009-98HON. WILLIAM SANCHEZ

SUPPLEMENT TO REPLY TO DEFENDANTS' MOTION TO DISMISS

PLEASE TAKE NOTICE that Plaintiff Toomey submits the followingsupplemental exhibits to Petitioner's Reply to Defendants' Motion to Dismiss:

1. Memo from Berna Garcia to Mary Penner, June 12, 2009 as Exhibit A.2. Affidavit of Gouthum Karadi, expert witness, November 14,2011 asExhibit B.

Iltb.c:ikDEBORAH L T o o M E Y 1 f t ' s e7010 Phoenix Ave NE, #518Albuquerque NM 87110Phone: (505) 315-8503Fax: 505-214-5771

DATED: November 14,2011

SUPPLEMENT TO REPLY TO MOTION TO DISMISSToomey v. City of Truth or Consequences - D-0721-CV2009-98 Page I

8/3/2019 111114 Supplement to Reply to Motion to Dismiss

2/7

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the SUPPLEMENT TO REPLYTO DEFENDANTS' MOTION TO DISMISS was FAXED ON NOVEMBER 14,2011, to:iJudicial District Court ClerkFAX 575-894-7168Jay Rubin, Attorney for DefendantsFAX 575-894-3282

DATED: November 14,2011 J)WdkD E B O R A ~L. ~ O O M E Y 7 J t s e7010 Phoenix Ave NE, #518Albuquerque NM 87110Phone: (505) 315-8503Fax: 505-214-5771

SUPPLEMENT TO REPLY TO MOTION TO DISMISSToomey v. City of Truth or Consequences - D-0721-CV2009-98 Page 2

8/3/2019 111114 Supplement to Reply to Motion to Dismiss

3/7

TO: M ar y Penner, C ilY ClerkFR : Bern a Garcia , Utiiity Office M anag er /r > / - -RE: Attorney General RequestDatc June 12,2009

Pcr ii1,; [quest i'n.lrn th e A ttorney G(lltn:d's O ffice: y t:s {he software that [he UtilityOffice uses, ADG -U tility Billing System. hi!.~:an "audit log'", This h}g is viewable onscreen in the soitwarc- ekctronical!y.

8/3/2019 111114 Supplement to Reply to Motion to Dismiss

4/7

STATE OF NEW MEXICOSEVENTH JUDICIAL DISTRICTCOUNTY OF SIERRASTATE OF NEW MEXICO, ex rel.DEBORAH TOOMEY, an individual,

HON. WILLIAM SANCHEZ

Plaintiff, No. D-0721-CV2009-98vs.CITY OF TRUTH OR CONSEQUENCES,et al.,

Defendants.

AFFIDAVIT OF GOUTHUM KARADICOMES NOW Gouthum Karadi and states as follows:1. I am a high-tech security consultant with more than 10 years of

experience in the industry. Industry certifications and education include:a. Certified Information Systems Security Professional (CISSP).b. Microsoft Certified Systems Engineer (MCSE).c. Microsoft Certified Trainer (MCT).d. Microsoft Certified Database Administrator (MeDBA).e. Cisco Certified Network Associate (CCNA).

AFF IDAV IT OF GOUTHUM KARAD IToomey v. City of Truth or Consequences - D-Onl-CV2009-98 Page 1

8/3/2019 111114 Supplement to Reply to Motion to Dismiss

5/7

f. Masters of Business Administration from Capella University.2. I have been engaged by plaintiff Toomey as an expert witness on

information security, Microsoft Windows, and relational databases.3. I am familiar with ADG's Utility Billing Software. It is a "front-end"

client management system to a relational database.4. I have read Mr. Hupp's "Calculation of costs for producing audit

logs," Exhibit 2 to Defendants Response to Complaint to Enforce Provisions of thePublic Records Act.

5. The description of the steps necessary to redact confidentialinformation from the audit log enumerated in Exhibit 2 is a manual process anddoes not take into consideration the electronic nature of the information or theavailable tools to automate redaction of confidential information.

6. I have read the unsigned December 1,2009, letter from ADG, ExhibitA to Respondents' Motion to Dismiss, wherein it describes that an ODBC driver isrequired to save the information into a csv (i.e., Excel) file and that ADG doubts an

ODBC driver has been installed.7. ODBC (open database connectivity) is an open, vendor-neutral and

industry standard in terface fo r a cce ss ing dat abas e management systems. ODBC isa core component of Microsoft Windows Open Services Architecture since 1992

AFFID A V IT OF GOUTHUM KARADIToomey v; City of Truth or Consequences - D-0721-CV2009-98

Page 2

8/3/2019 111114 Supplement to Reply to Motion to Dismiss

6/7

and is already "installed" on Microsoft Windows operating systems.8. Microsoft Windows includes an ODBC Driver Manager and will

automatically load the particular driver based upon the connection information,requiring no specialized skills or training to perform. Microsoft Windowsoperating systems have included an ODBC Driver Manager as part of its baseinstall since at least 1995.

9. Stating that an ODBC driver is not installed, and thereby confidentialinformation cannot be redacted in any other means than the convoluted and time-intensive manner as described by Mr. Hupp, is analogous to suggesting that adocument cannot be printed because a printer driver has not been installed.

10. Utilizing the tools currently available to City, the process to redact theinformation utilizing available technology would require no more than 30 minutesto perform. Mr. Hupp's calculation of 1,365 hours to perform this redaction isanalogous to suggesting copying a book will require 1,365 hours of labor to handcopy rather than the 30 minutes it would take to utilize the available technology ofa copy machine.

AFFID A V IT OF GOU THUM KARAD IToomey v. C ity of T ru th or Consequences - D -07 21-CV2009 -98 Page 3

8/3/2019 111114 Supplement to Reply to Motion to Dismiss

7/7

I affirm under penalty of perjury under the laws of the State of New Mexicothat the foregoing is true and correct.

DATED: November 14,2011

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the AFFIDAVIT OF GOUTHUMKARADI was FAXED ON NOVEMBER 14,2011, to:iJudicial District Court ClerkFAX 575-894-7168Jay Rubin, Attorney for DefendantsFAX 575-894-3282

DATED: November 14,2011 D E ~ ~ b : t s e7010 Phoenix Ave NE, #518Albuquerque NM 87110Phone: (505) 315-8503Fax: 505-214-5771

AFF ID A vrr OF GOUTHUM KARADIToomey v. City of Truth or Consequences - D-0721-CV2009-98