STATE OF NEW MEXICO SEVENTH JUDICIAL DISTRICT COUNTY OF SIERRA STATE OF NEW MEXICO, ex rel.

DEBORAH TOOMEY, an individual, Plaintiff, No. D-0721-CV2009-98 vs. HON. WILLIAM SANCHEZ CITY OF TRUTH OR CONSEQUENCES, et al., Defendants.

SUPPLEMENT TO REPLY TO DEFENDANTS' MOTION TO DISMISS PLEASE TAKE NOTICE that Plaintiff Toomey submits the following supplemental 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 as Exhibit B. DATED: November 14,2011

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DEBORAH L 7010 Phoenix Ave NE, #518 Albuquerque NM 87110 Phone: (505) 315-8503 Fax: 505-214-5771
SUPPLEMENT TO REPLY TO MOTION TO DISMISS Toomey v. City of Truth or Consequences - D-0721-CV2009-98

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the SUPPLEMENT TO REPLY TO DEFENDANTS' MOTION TO DISMISS was FAXED ON NOVEMBER 14, 2011, to: District Court Clerk FAX 575-894-7168 Jay Rubin, Attorney for Defendants FAX 575-894-3282

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DATED: November 14,2011

DEBORA~ ~OOMEY7Jtse
L. 7010 Phoenix Ave NE, #518 Albuquerque NM 87110 Phone: (505) 315-8503 Fax: 505-214-5771

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SUPPLEMENT TO REPLY TO MOTION TO DISMISS Toomey v. City of Truth or Consequences - D-0721-CV2009-98

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1
TO: FR: RE: Datc Mary Penner, CilY Clerk Berna Garcia, Utiiity Attorney Office Manager

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General Request

June 12,2009

Pcr ii1,; [quest i'n.lrn the Attorney G(lltn:d's Office: yt:s {he software that [he Utility Office uses, ADG -Utility Billing System. hi!.~: n "audit log'", This h}g is viewable on a screen in the soitwarc- ekctronical!y.

STATE OF NEW MEXICO SEVENTH JUDICIAL DISTRICT COUNTY OF SIERRA STATE OF NEW MEXICO, ex rel. DEBORAH TOOMEY, an individual, Plaintiff, No. D-0721-CV2009-98 vs. HON. WILLIAM SANCHEZ CITY OF TRUTH OR CONSEQUENCES, et al., Defendants.

AFFIDA VIT OF GOUTHUM KARADI COMES 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).

AFFIDAVIT OF GOUTHUM KARADI

Toomey v. City of Truth or Consequences - D-Onl-CV2009-98 Page 1

f. Masters of Business Administration

2. information 3.

from Capella University.

I have been engaged by plaintiff Toomey as an expert witness on security, Microsoft Windows, and relational databases. I am familiar with ADG's Utility Billing Software. system to a relational database. of costs for producing audit It is a "front-end"

client management

4.

I have read Mr. Hupp's "Calculation

logs," Exhibit 2 to Defendants Response to Complaint to Enforce Provisions of the Public Records Act. 5. The description of the steps necessary to redact confidential

information from the audit log enumerated in Exhibit 2 is a manual process and does not take into consideration the electronic nature of the information information. or the

available tools to automate redaction of confidential

6.

I have read the unsigned December 1,2009, letter from ADG, Exhibit
Motion to Dismiss, wherein it describes that an ODBC driver is

A to Respondents'

required 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 systems. and is

industry standard interface for accessing database management

ODBC

a core component of Microsoft Windows Open Services Architecture

AFFIDA VIT OF GOUTHUM KARADI
Toomey v; City of Truth or Consequences - D-0721-CV2009-98

since 1992

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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 Windows operating systems have included an ODBC Driver Manager as part of its base install since at least 1995. 9. Stating that an ODBC driver is not installed, and thereby confidential

information cannot be redacted in any other means than the convoluted and timeintensive manner as described by Mr. Hupp, is analogous to suggesting that a document cannot be printed because a printer driver has not been installed. 10. Utilizing the tools currently available to City, the process to redact the

information utilizing available technology would require no more than 30 minutes to perform. Mr. Hupp's calculation of 1,365 hours to perform this redaction is analogous to suggesting copying a book will require 1,365 hours of labor to hand copy rather than the 30 minutes it would take to utilize the available technology of a copy machine.

AFFIDA VIT OF GOUTHUM KARADI Toomey v. City of Truth or Consequences - D-0721-CV2009-98

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

DATED: November 14,2011

CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the AFFIDAVIT OF GOUTHUM KARADI was FAXED ON NOVEMBER 14,2011, to: District Court Clerk FAX 575-894-7168 Jay Rubin, Attorney for Defendants FAX 575-894-3282

ih Judicial

DATED: November 14,2011

DE~~b:tse
7010 Phoenix Ave NE, #518 Albuquerque NM 87110 Phone: (505) 315-8503 Fax: 505-214-5771
Page 4

AFFIDA

vrr OF GOUTHUM

KARADI

Toomey v. City of Truth or Consequences - D-0721-CV2009-98