STATE OF N~W MEXICO

SEV!;NfH JUDICIAl, DI$iRICr COURT

STATE OF NEW MEXICO COUNTY OF SIERRA SEVENTH JUDICIAL DISTRICT COURT No.: Judge: D-0721-CV -2009-00098 WILLIAM SANCHEZ

[p!Lr~t') 3:3<iy.v~i}J!f:lj~RlV.,JV~\~~~'~~i COURT CLER~

STATE OF NEW MEXICO, ex. rei. DEBORAH TOOMEY, Individually, Plaintiff, 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, ; Defendants. CITY'S RESPONSE TO PLAINTIFF'S SUPPLEMENT
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At the December 27, 2009 Hearin~, this Honorable Court granted the parties a prescribed period of time to file their *espective motions, responses and replies.
!

The parties did so.

Page 1 of2

Long after the passing of the deadline, the Plaintiff filed a supplement on November 14,2011, as being not timely. However, to the extent that the court considers the new evidence, the City submits the following documents as a response thereto: 1. Bernadine Garcia's letter dated November 10,2011 2. ADG letter dated November 11,2011 with attachment. which included new evidence. The City objects to this filing

signed by Mark Jost.

JAIME F. ~~Sq-.---City Attorney P.O. Drawer 151 Truth or Consequences, NM 87901 575.894.3031 Fax: 575.894.3282

CERTIFICATE OF MAILING The undersigned hereby certifies that a copy of the foregoing CITY'S RESPONSE TO PLAINTIFF'S SUPPLEMENT was mailed to Deborah Toomey, Petitioner, at r:415 W. Riverside Dr., Truth or Consequences, New Mexico, 87901, on the

lliday OfNovember_, 2_0_~....:::;Ir-;--f---Je-f--'

JAI~IN, Esq.

Page 2 of2

City of Truth or

COll1lseque!!Yc~$)

505 Sims Street

Truth or Consequences, New Mexico 87901 City (575) 894-6673 Fax (575) 894-0363

November 10, 2011

I was asked to "explain in detail" the differnce in "audit logs" that the City Utility Office has and utilizes.

Application Audit Log This log is used every time a Manager or Clerk has to pull a customers' application card out from the files and change or to dispute a discrepancy that a customer may have. This log keeps the date, the time, the customers' name, the reason for removing the card from file and initials of the person that made the inquiry.

System Master Audit Log This audit log is used as a tool for the Manager and IT department will give the old information give you any information and the new information if needed." This system audit log will

print the date, time, account number and name of customer that has any changes made to their file. It entered into the system. This audit log will NOT if someone "viewed" the account, which is what Ms. Toomey was requesting.

In questions was my responds to the AG Office and that answer was that yes the system does have an audit log, which it does, just not the type of audit log Ms. Toomey is wishing to view.

Sincerley,

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AMERICAN DATA GROUP INC.

5730 E Otero Ave. Suite 300 Centennial, CO 80112-6600
Telephone (303) 741-5711 FAX (303) 741-4966 November 11,2011 Bob Hupp City of Truth or Consequences 505 Sims St Truth or Consequences, NM 8790 J Dear Mr Hupp,

nus letter

is in regards to the recent "Affidavit of Gouthum Karadi". I will point out differences or disagreements with his statements.

Item 3. Unless Mr., Karadi has been a consultant or an employee of an exiting ADO customer, we do not know how he may claim familiarity with our applications. All ADG applications the city currently uses are written in the Progress 4GL language and database. If Mr. Karadi has never worked with the ADG application or the Progress DB and language, he can not "Familiar" with the products. Item7. ODBC connectivity is an industry standard methodology of having programs communicate with databases to extract, update, or display data. The issue is, each application requires its own driver for the Microsoft OS to use. Microsoft includes ODBC drivers in their operating system for interface with Microsoft products (for example Office and SQL Server). Each non-Mircosoft product requires its own ODBC driver to be installed on the server andlor client. The Progress ODBC driver may be installed on the serverwhich means you can only access the Progress database via the ODBC driver by running the ODBC compliant application on the server. To access the Progress database via ODBC from a client, the Progress application (which includes the ODBC driver) must be installed on the client. By default, the Progress application is not installed on clients. The Progress application is run from a shared directory for simplicity of support. Item 8. As mentioned above, if the Progress Client application is installed on a client machine, the ODBC driver will be installed. Currently the Progress Application is not

installed on any client machine, only the server.

Item 9. Once the Progress Application (including the ODBC driver) is installed on a client machine, that system may access the database. The generic install provides full, Read-Only acceess to all the files and fields in the system. If you wish control the access to files and fields, you must use the Progress utility to add database users and grant file/field access rights. TIle database users are NOT the same as the ADG application users.

Item 10. I have no comment since I do not have any information on what was previously quoted.

In looking at Ms. Toomey's original request of utility data, the data she is requesting is not
even available. The utility application does not save any information that notes any time a customer's account is being accessed, viewed, or printed. The system will only save a record of a field being changed. The audit record saves the date, time, old value, new value, field name, accounts and user-id of who is making the change.

If you have any additional

questions or need assistance, please contact me.

~JO-Mark J. Jost
President

Sincerely,