(EDITOR'S NOTE: THE FOLLOWING IS THE EXACT VERBATIM TEXT OF A DECEMBER 29, 2014-DATED SIGNED THREE-PAGE OFFICIAL LEGAL LETTER FROM A FEMALE ASSISTANT CITY ATTORNEY IN AUSTIN THAT WAS ADDRESSED TO TEXAS ATTORNEY GENERAL GREG ABBOTT OF THE STATE GOVERNMENT OF TEXAS IN AUSTIN. A COPY OF THAT SIGNED LEGAL LETTER FROM THE CITY WAS MAILED TO THE CITED PUBLIC-INFORMATION REQUESTOR, MYSELF, AT MY MAILING ADDRESS AT WIND RIVER CROSSING APARTMENTS IN AUSTIN, TEXAS, USA, AND I RECEIVED THAT LETTER IN MY APARTMENT COMPLEX-DESIGNATED LOCKED MAILBOX FOR MY UNIT IN THE U.S. POSTAL SERVICE DELIVERY OF TUESDAY, DECEMBER 30, 2014.
PLEASE NOTE THAT THE OFFICIAL CITY GOVERNMENT OF AUSTIN E-MAIL ADDRESS FOR THE FEMALE AUTHOR OF THIS SIGNED LEGAL LETTER, ASSISTANT CITY ATTORNEY ELAINE NICHOLSON, IS: ELAINE.NICHOLSON@AUSTINTEXAS.GOV .
PLEASE ALSO NOTE THAT OFFICIAL E-MAIL ADDRESSES FOR CITY OF AUSTIN EMPLOYEES OR OFFICIALS IN AUSTIN, TEXAS, ARE NOT CASE-SENSITIVE, ACCORDING TO WHAT A FEMALE CITY OF AUSTIN STAFF MEMBER HELPFULLY INFORMED ME ON THE TELEPHONE IN DECEMBER 2014.--- JKM)
City of Austin
Law Department
City Hall, 301 West 2nd Street, P.O. Box 1088
Austin, Texas 78767-8828
(512) 974-2268
December 29, 2014
VIA FIRST CLASS MAIL
Honorable Greg Abbott
Attorney General of Texas
Open Records Division
MC-014
P.O. Box 12548
Austin, Texas 78711-2548
Re: Open Records Request from Mr. John McMillan received December 15, 2014 footnote 1. (the exact text of that footnote message is contained at the bottom of the first page of this signed legal letter): Mr. McMillan submitted his request by electronic mail on Saturday, December 23, 2014. The business hours for the City of Austin's administrative offices are Monday thru Friday from 8:00 a.m. to 5:00 p.m. Thus, Mr. McMillan's request was constructively received on Monday, December 15, 2014.)
Dear Attorney General Abbott,
The City of Austin (the "City") received a request for information from John McMillan on December 15, 2014. Thus, today is the eighth day since the City's receipt of Mr. McMillan's request, accounting for the Christmas Eve and Christmas Day holiday on December 24 and 25, 2014, in which all City offices were closed for business. The City believes some of the information responsive to the request is excepted from disclosure under section 552.107 of the Government Code. This letter is a request for a determination under section 552.301 of the Government Code that some of the requested information is so excepted. Copies of the request and representative samples of the information at issue are enclosed.
By copy of this letter the City is notifying the requestor that the City is seeking to withhold some of the responsive information represented by the enclosed examples and has asked for a decision from the Attorney General about whether this information is within an exception to public disclosure.
Section 552.107(1) protects information coming within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6-7 (2002).
First, a governmental body must demonstrate that the information constitutes or documents a communication. Id at 7. Second, the communication must have been made "for the purpose of facilitating the rendition of professional legal services" to the client governmental body. Tex. R. Evid. 503(b)(1). The privilege does not apply when an attorney or representative is involved in some capacity other than that of providing or facilitating professional legal services to the client governmental body. In re Texas Farmers Ins. Exch., 990 S.W. 2d 337, 340 (Tex. App. --- Texarkana 1999, orig. proceeding) (attorney-client privilege does not apply if attorney acting in a capacity other than that of attorney). Third, the privilege applies only to communications between or among clients, client representatives, lawyers, and lawyer representatives. Tex. R. Evid. 503(b)(1)(A),(B),(C),(D),(E). Thus, a governmental body must inform your office of the identities and capacities of the individuals to whom each communication at issue has been made. Lastly, the attorney-client privilege applies only to a confidential communication, id. 503(b)(1), meaning it was "not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication." Id. 503(a)(5). Whether a communication meets this definition depends on the intent of the parties involved at the time the information was communicated. Osborne v. Johnson, 954 S.W.2d 180, 184 (Tex. App.---Waco 1997, no writ). Moreover, because the client may elect to waive the privilege at any time, a governmental body must explain that the confidentiality of a communication has been maintained. Section 552.107(1) generally excepts an entire communication that is demonstrated to be protected by the attorney-client privilege unless otherwise waived by the governmental body. See Huie v. DeShazo, 922 S.W. 2d 920, 923 (Tex. 1996) (privilege extends to the entire communication, including facts contained therein).
The submitted information consists of confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department. These communications were made for the purpose of facilitating the rendition of professional legal services and the confidentiality of these communications has been maintained. Accordingly, the City believes that the information represented by the enclosed examples is excepted from disclosure under section 552.107(1).
If you have any questions concerning this matter, please feel free to contact me at (512) 974-6463.
Sincerely,
Elaine Nicholson
Assistant City Attorney
cer/Enclosure
cc: (without enclosures)
Mr. John McMillan
11411 Research Blvd., Bldg. 3
Apartment 325
Austin, Texas 78759
(EDITOR'S NOTE: THE FOLLOWING IS THE CORRECTED VERSION OF THE ENTIRE TEXT OF MY DECEMBER 13, 2014-DATED E-MAIL TEXAS OPEN RECORDS REQUEST, ALONG WITH AN ACCOMPANYING E-MAIL EXPLANATORY NOTE FROM MYSELF, THAT I WROTE AND SENT ON DECEMBER 13, 2014, TO MS. DEBORAH JENNINGS OF THE CITY OF AUSTIN LAW DEPARTMENT IN AUSTIN, TEXAS. THIS PUBLIC-INFORMATION REQUEST FROM MYSELF WAS OFFICIALLY RECEIVED IN CORRECTED FORM AND ACKNOWLEDGED BY THE CITY GOVERNMENT OF AUSTIN LAW DEPARTMENT ON DECEMBER 15, 2014.
PLEASE NOTE THAT THE OFFICIAL CITY OF AUSTIN E-MAIL ADDRESS FOR MS. DEBORAH JENNINGS IS: DEBORAH.JENNINGS@AUSTINTEXAS.GOV . --- JKM)
On Saturday, December 13, 2014 9:49 PM, John McMillan
Dear Ms. Jennings,
Please note the clarification and correction I have made to the cited date of the certified-delivery signed legal letter that Travis County Assistant District Attorney Rob Drummond wrote and mailed to me.
That legal letter from Mr. Drummond was, in fact, dated September 23, 2014.
(Please disregard the previous version of this public-information request I sent you earlier today. That previous version of this public-information request from myself to your City of Austin Law Department incorrectly stated that Mr. Drummond in the summer of 2014 submitted that legal letter to me.)
Sincerely and Best Wishes, John Kevin McMillan of Austin, Texas, USA.
John Kevin McMillan
____________
On Saturday, December 13, 2014 9:32 PM, John McMillan
To: Ms. Deborah Jennings, Public Information Manager for the City of Austin Law Department in Austin, Texas, with your office phone number being (512) 974-1305.
Saturday, December 13, 2014
Dear Ms. Jennings,
This is a Texas Open Records request to yourself that I believe to be very fair and reasonable and timely and appropriate.
Ms. Jennings, I would like to ask you today for a photocopy or computer printout of any and all letters, notes, E-mail letters, computer records, memoranda, handwritten notes, reports, policy decisions, advisory opinions, or any other legal documents that were each written by or on behalf of, or were received or sent or mailed or forwarded by or on behalf of, an attorney or staff member or administrator for the City Government of Austin Law Department in Austin, Texas, at any time since or including 12:01 a.m. August 21, 2014, and that, in each and every such case, referred to myself, John Kevin McMillan of Austin, in any manner or any way.
EXCLUDED from the scope of this follow-up public-information request are any and all letters or E-mail letters that were exclusively and solely written by myself, John Kevin McMillan of Austin, Texas.
Please let me know as soon as possible if you anticipate that the administrative charge you plan to ask me to pay you in exchange for your processing this most recent public-information request from myself might be more than $10.
That information from you would then give me the opportunity to revise and narrow the scope of this particular December 13, 2014-dated public-information request to yourself at your City of Austin Law Department office here in Austin.
I myself am a former full-time employee in Austin of several State Government of Texas agencies, including the Texas Department of Public Safety, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice, respectively.
I myself was also a recent criminal-law complainant in Travis County District Attorney's Office Public Integrity Unit (PIU) Case 9655-13, with Lori Carter the first-rate Sergeant Investigator for that case and Travis County Assistant District Attorney Rob Drummond the honorable Prosecuting Attorney for that case.
Mr. Drummond informed me in writing in a September 23, 2014-dated certified-delivery letter to me that the District Attorney's Office has asked the Austin Police Department to continue storing and maintaining at a police substation in Austin the doctor-ordered forensic-medical-exam rape-evidence kit that was obtained from my own body (my anus, buttocks, mouth, groin area, etc.) by a female forensic nurse on Dec. 22, 2011, inside the Emergency Room of the St. David's Medical Center hospital situated a few blocks from the campus of UT-Austin.
From what I understand, the Austin Police Department so far has chosen not to conduct any laboratory processing of that particular very comprehensive and thorough DNA-swabs forensic rape-evidence kit that was obtained from my own body at my request on Dec. 22, 2011, in Austin.
I myself have repeatedly and politely asked the Austin Police Department to please process that Dec. 22, 2011, DNA kit as soon as possible, with any DNA-trace evidence from anyone other than myself being an automatic basis for myself filing criminal law-charges through the Travis County District Attorney's Office in Austin, Texas, against any and all persons---regardless of who they might be, or whether they claim to be "relatives" of mine or "friends" of mine or "coworkers" of mine or "neighbors" or "acquaintances" of mine----whose DNA trace was identified from that laboratory processing.
I myself have been completely celibate, with ZERO sexual contact and ZERO intimate physical contact between myself and any other human being, or any animal or beast, for that matter, at any time or on any occasion during any of my own conscious or waking hours at any time since or including the day in January 2002 when I moved into my current top-floor, vaulted-ceiling rental apartment unit at Wind River Crossing Apartments in northwest Austin.
My legal name is John Kevin McMillan. My social security number is: .... I was born on April 27, 1957, inside Bryan Memorial Hospital at Lincoln, Nebraska. I am a lifelong single gentleman.
I am a certified direct descendent of the Rev. William Brewster, who served as head chaplain on the Mayflower and was the first full-term Puritan Governor of what is now the U.S. state of Massachusetts.
I myself am the founder and only current approved member of a new and non-Christian and law-abiding "Honor Society" religion with very stringent membership-eligibility requirements. The new religion of mine to which I refer is the alcohol-free and anti-alcohol and anti-marijuana and anti-tobacco Progressive Prohibitionist Religion, a fully independent new denomination that is implicitly deistic and non-atheistic.
My own fully independent and non-proselytizing one-member religion strongly opposes anonymous communications violating the privacy rights of myself or anyone else; strongly supports privacy rights for law-abiding persons; strongly opposes thought-control projects; strongly opposes conduct that medically injures anyone or harms their medical health; strongly opposes the sex crime of rape; strongly opposes personal-injury crimes; strongly opposes medically injurious noise pollution; strongly opposes fraudulent medical services; strongly opposes fraudulent informational services; strongly opposes verbalization of death threats to anyone; and strongly opposes vigilanteeism.
I myself am a former salutatorian of Stephen F. Austin High School of Austin Independent School District here in Austin, Texas. I am an alumnus of The University of Texas at Austin and the University of Minnesota in Minneapolis, respectively.
Sincerely and Best Wishes,
John Kevin McMillan, a single adult white male resident of Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.
My own current home phone number in Austin, Texas, is: (512) 342-2295.
My own home address is: Wind River Crossing Apartments (a Westdale-owned and Westdale-managed apartment complex, with Westdale being a for-profit nationwide realty corporation headquartered in Dallas, Texas), 11411 Research Boulevard, Building 3, Apartment 325, Austin, Texas, 78759.
My Personal Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
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