Open Request Records on UTEP Project Come Up Short

On September 4, 2013, I emailed the following open records request to John Balliew, CEO of the EPWU:

John,

I would like to examine the following documents:

1. All emails, letters or any form of correspondence, memos, notes, etc. since Sept. 1, 2012 between anyone from the EPWU or any member of the PSB (past or present) with/between/among each other or with faculty or administrators at UTEP regarding the Reclaimed Water Project and/or the Water Initiatives Project.
2. A copy of any research contract between the PSB/EPWU and UTEP with regard to the Reclaimed Water Project and/or the Water Initiatives Project.

After examining the documents I may ask for copies.


Thanks.

Yesterday I received and reviewed the documents and asked for copies of all the pages presented to me. Here are my observations:

I received copies of responses from CEO John Balliew, CFO Marcela Navarrete, Economist David Torres and the following Public Service Board members: David Nemir, Henry Gallardo, Mayor Oscar Leeser, Terri Garcia, Richard Bonart and Katherine Brennand.

I received NOTHING from PSB Chairman, Richard Shoephoerster, who is also the Dean of Engineering at UTEP.  I saw two emails from Dr. Shoephoerster - one to John Balliew (8/29/13) and another to Bob Andron with a copy to Mr. Balliew (8/13/13). Both emails were part of the CEO's response to my ORR. But NOTHING from Richard Shoephoerster himself even though he was obligated to turn over the same email just mentioned. How curious! The lack of anything from Dr. Shoephoerster reminds one of the 18 minute gap in Nixon's Watergate tapes. Is Rose Mary Woods not deceased? Is she now, in fact, the Administrative Assistant to UTEP's Dean of Engineering?

Former CEO and now head of the UTEP Water Initiatives program at UTEP, Ed Archuleta, is referred to in emails. But again NOTHING from Ed Archuleta even though he remained on the EPWU payroll for a greater part of this year.

The Timeline:

Pre-October 2012: The Plan for the Water Project at UTEP is presented to the EPWU. How this was presented and by whom and to whom is still a mystery.

October 2012: Project brought to EPWU budget meetings according to an email from John Balliew to me on 8/29/13.

October 11, 2012: Slide show at a public Strategic Planning meeting mentions UTEP reclaimed water. See EPWU Day One Strategic Planning Slide Show #22/64. 

November 19, 2012: according to an email to me from Balliew, UTEP project presented at CIP Budget meeting.

Finally, Economist Torres probably best explained the institutional reason for the UTEP project in an email to CEO Balliew with a copy to Marcela Navarrete:

"I think the real value of this project is not in the financials it is in the intangible opportunity this project has. UTEP is celebrating their 100 year anniversary and this is a great way for EPWU to be showcased as a partner in the community providing an innovative supply of water that other communities don't have. There is no monetary measure of this, however it is something that will bring positive news for EPWU as UTEP will be promoting their 100 anniversary and the information will reach alumni and individuals all over the world."

Let us forget for the moment the grandiosity. It is doubtful that this project will ever have the kind of marketing value Mr. Torres claims. When AT&T branded the Dallas Cowboy Stadium with their name, you can bet that AT&T had a very good idea about the marketing/PR/advertising value of naming the stadium after themselves. 

Although this project is presumably dead (but one never knows with such powers behind it), the proposed location on campus would be far from the beaten path and hidden by traffic routes and parking garages.

Click to enlarge. Waldo would be easier to find.

Where's Waldo?

Here is my new ORR complete with preface:

Yesterday I received documents related to my request, I reviewed them at the EPWU administrative building and was given copies of all pages. I believe that the documents that I received are not the total number of documents that actually exist. It is curious that all members of the PSB responded with the exception of Dr. Shoephoerster, Chairman of the PSB. In fact, I see no email from Becky Lopez to him requesting any documents related to my 9/4/13 request. There are two emails from the PSB Chair which were part of CEO Balliew's response. If nothing else, I would have expected to get the same copies of those emails from Dr. Shoephoerster but I do not. Mr. Archuleta is referenced in email suggesting his involvement in the project. I believe that he continued on the EPWU payroll until this past July. Surely during the last months of his tenure, he should have had documents related to my request or someone at EPWU would have documents from Mr. Archuleta relevant to this request.  The UTEP Reclaimed Project was mentioned in a slide show to the PSB at a Strategic Planning meeting in October of 2012. Am I to believe that the project just popped up at that meeting without any prior discussion without a paper trail of that discussion? 

I respectfully submit this new ORR:

1. Copy of communication between Becky Lopez (or another person at EPWU) to Dr. Richard Shoephoerster requesting a response to my 9/4/13 ORR and copy of Dr. Shoephoerster's response.
2. In an email from David Torres to John Balliew on 8/23/13 at 9:59 AM a file is attached: UTEP reuse project.xlsx. Please furnish a written copy of that file.
3. All documents for the presentation of the project, including any budget numbers, at the 2012 Strategic Planning meeting and CIP budget presentations or any budget presentation to the PSB.
4. With the exception of the documents that I have already received, copies of all communications, emails, letters, memos, notes between and among EPWU and UTEP persons regarding the UTEP Reclaimed Water project and/or the Water Initiatives Project from January 1, 2012 to the present. (This includes EPWU to EPWU communications and EPWU to UTEP communications.)
5. All communications between Ed Archuleta and anyone regarding the UTEP Reclaimed Water Project and/or the Water Initiatives Project during his tenure at EPWU beginning on January 1, 2012.
6. If Mr. Archuleta's tenure at EPWU was shorter than 7/13, then payroll records showing his last day of tenure with EPWU.
7. All communications from or to the Chairman of the PSB, Dr. Richard Shoephoerster, regarding the UTEP Reclaimed Water project and/or the Water Initiatives Project from January 1, 2012 to the present. 

Thank you.

We shall see.