PIR# 09.11.10.10 - noise pollution damage to myself in Austin (2)
me
To
Gov'sOfficeAttyChelseaThornton window@cpa.state.tx.us pio@txdps.state.tx.us TWC Civil Rights Division Director Texas Dept of State Health Services Occupational Noise Levels Investigators and 4 more...
Nov 13, 2009
Dear Assistant General Counsel Thornton in the Office of the Governor and State Comptroller Combs,
Do each of you agree with the stated view (see below) of this Texas Commission on Environmental Quality (TCEQ) state agency representative, Mr. Jimmy Perry----who I assume is not related to our distinguished Governor, Rick Perry----that the TCEQ has no legal responsibility for enforcement of the law in regard to illegal and unwanted noise pollution in Austin that I never authorized, and that's been determined over a multi-year period by ENT medical specialist Dr. David Tobey of Austin to be significantly medically injurious to myself and to have inflicted a cited medical disability on myself, in Austin, Texas?
Do you also concur with that the TCEQ state agency that the Austin Police Department holds sole legal responsibility for enforcement of the law against any and all sources of noise pollution determined to be significantly injurious to myself, John Kevin McMillan, in Austin, Texas?
Finally, since the Austin Police Department has thus far declined to be helpful to me in this matter, is there any context in which some other state agency, such as the Texas Department of Public Safety, or Travis County Government, for that matter, can play a role in enforcement of the law in any context that terminates unwanted continuous and year-round noise pollution in Austin, Texas, that's determined to have been, and continues to be, significantly medically injurious to this particular law-abiding and gainfully employed single adult gentleman, John Kevin McMillan of Austin.
Thank you in advance for your helpful response to those three hopefully-polite follow-up questions from myself.
Sincerely and Best Wishes,
John Kevin McMillan of Austin.
Home phone: (512) 342-2295.
cc: Texas Workforce Commission Officials, Austin.
Texas Department of Aging and Disability Services General Counsel Owens.
United States Department of Labor, Washington, D.C.
John Kevin McMillan
--- On Fri, 11/13/09, Jimmy Perry
From: Jimmy Perry
Subject: PIR# 09.11.10.10 - noise pollution damage to myself in Austin
To: "John McMillan"
Date: Friday, November 13, 2009, 10:29 AM
Dear Mr. McMillan :
The TCEQ received your electronic communication dated November 10, 2009 directed to the Open Records Team among others. The communication is in fact, a series of questions which relate in large measure to information the Agency has no jurisdiction over. It is not a communication which triggers the provisions of the Public Information Act (PIA).
It is implicit in several provisions of the PIA that the act applies only to information then in existence within an agency's files. Moreover, the act does not require a governmental body to prepare answers to questions such as those you pose, or do what amounts to legal research. We decline your request to do either of these.
Reference was made in an earlier email that the City of Austin is a probable Agency in enforcing the City of Austin noise ordinance. Contact should be made to the City of Austin.
No documents where provided regarding your request since none exist.
Sincerely,
Jimmy Perry
TCEQ Open Records Team
>>> John McMillan
Dear TCEQ Open Records coordinator Perry,
Thank you for your reply note (see below).
Will you at least be willing to state for me whether your State of Texas agency is going to refer to another agency or institution my complaint with you about noise pollution in Austin, including at the workplace, having been and being significantly medically injurious to myself?
Also, would you please confirm for me via E-mail or mail that the E-mail response you sent me in response to my November 10, 2009, Open Records request was a complete and comprehensive response providing me with any and all documents or other items responsive to that Open Records request?
Thank you in advance for your response to these two final follow-up questions at this time.
Sincerely,
John Kevin McMillan of Austin, Texas.
cc: Travis County District Attorney Rosemary Lehmberg.
Texas Workforce Commission Civil Rights Division Director Robert Gomez and his very helpful and alert investigative staff.
Texas Department of State Health Services Noise at the Workplace Investigators.
State Rep. Donna Howard, who helpfully wrote and mailed to me an official Texas Legislature reply letter to me about this matter, a signed official letter I received today in the mail, in which Rep. Donna Howard kindly cited the option for me of my consulting an attorney member of the State Bar of Texas for legal-services assistance on my own behalf that would help to fully protect me from my being subjected at any workplace of mine to constant and continuous noise pollution of a certain type that features non-stop anonymous verbalized communications other than a background "music" system.
State Bar of Texas Executive Director Michelle Hunter, whose State of Texas agency has repeatedly referred me to the Lawyer Referrral Service of Central Texas, with that Lawyer Referral Service most recently advising me to contact the Texas Workforce Commission Civil Rights Division about alleged constant and year-round noise pollution at the workplace in a context that's violative of my own privacy rights.
Texas Department of Regulation and Licensing.
National Organization on Disability.
Texas Department of Aging and Disability Services General Counsel Owens.
John Kevin McMillan
--- On Thu, 11/12/09, Jimmy Perry
From: Jimmy Perry
Subject: Re: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan"
Date: Thursday, November 12, 2009, 2:13 PM
Mr. McMillan,
TCEQ receives and investigates thousands of environmental complaints each year. However, TCEQ has no jurisdiction over “noise pollution.” As such we do not investigate, nor do we keep track of the numbers of these types of complaints we receive and/or refer.
The City of Austin may have a noise ordinance. We recommend that you contact the City of Austin by dialing 3-1-1. The following link will direct you to the City of Austin website.
http://www.ci.austin.tx.us/
Sincerely,
Jimmy Perry
TCEQ Open Records
>>> John McMillan
Dear Mr. Perry at the Texas Commission on Environmental Quality state agency in Austin,
Thank you for your prompt response to my November 10-dated public information request (see below).
Three respectful follow-up questions for you:
(1) Since my public-information request specifically excludes letters or complaints from myself (John Kevin McMillan) to your State of Texas agency, can you tell me at this time whether your state agency has any record of any letter or document or other item from anyone OTHER than myself, and that refers to noise pollution in my own life circumstances in Austin, including at various workplaces of mine through the years, being medically injurious to myself in Austin, Texas.
(2) Why does your reply letter to me (below) indicate that your state agency accepts noise pollution complaints from private citizens, but then add that your State of Texas environmental-protection agency based in Austin, Texas, has no jurisdiction over ANY violations of the law involving noise pollution?
(3) Can my November 10, 2009-dated public-information request to your state agency serve as an official citizen complaint from myself being filed with your TCEQ state agency relating to noise pollution in my own life in Austin, Texas, that I did not cause or authorize or generate, having been over a multi-year and multi-decade period significantly medically injurious to myself in Austin, Texas?
Thank you in advance for your helpful response to each of these three follow-up questions from myself.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
cc: Mr. Don Field, Public Information Officer, Austin Police Department.
Texas Attorney General Gregory Abbott, Office of the Attorney General state agency, Austin, Texas.
Travis County District Attorney Rosemary Lehmberg, DA's Office, Austin.
Travis County County Attorney David Escamilla, County Attorney's Office, Austin.
City of Austin City Attorney David Smith, City of Austin, Austin, Texas.
City of Austin City Manager Marc Ott, Office of the City Manager, City of Austin.
Texas Department of Public Safety state agency officials, Austin, Texas.
Texas Workforce Commission Civil Rights Division Director Robert Gomez and his investigative team.
Harvard University Medical School officials, Cambridge, Mass., it being my hope that the pervasive injuriousness to honorable and law-abiding human beings such as myself from their being subjected against their wishes to continuous noise pollution over a multi-year or multi-decade period, including at the workplace, would pose a major concern to Harvard University.
Federal Communications Commission, Washington, D.C.
State Bar of Texas General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin.
Texas Governor Rick Perry and Assistant General Counsel Chelsea Thornton, who might both be very disappointed to learn from the Texas Commission on Environmental Quality state agency in Austin, that it claims to have no legal authority whatsoever over government-ordered termination or cessation of year-round and continuous noise pollution determined to be significantly medically injurious to a law-abiding and honest and very honorable and consistently civil, single adult male resident of Austin, Texas, such as myself, John Kevin McMillan of Austin.
U.S. Environmental Protection Agency, both in Washington, D.C., and the EPA's regional office in Dallas.
Dallas County District Attorney's Office, the regional office of the EPA being based in Dallas, Texas.
Harris County District Attorney's Office, Houston.
State Senator Kirk Watson of Austin, Senator Watson being a former Mayor of Austin and a distinguished attorney member of the State Bar of Texas. Senator Watson is my duly elected state senator from the Austin area.
United States Department of Commerce officials, Washington, D.C.
Centers for Disease Control, U.S. Government, Atlanta, Georgia.
State Rep. Donna Howard, who through her legislative career has sought to protect and help strengthen the medical health of all of her civil and law-abiding Austin-area constituents, I among those civil and law-abiding constituents of hers.
U.S. Department of Health and Human Services, Washington, D.C.
Texas Department of Licensing and Regulation officials, Austin, Texas.
Texas Department of Insurance officials, Austin, Texas.
Travis County Health and Human Services Director Sheri Fleming.
City of Austin public information coordinator Linda Rivera.
Austin Mayor Lee Leffingwell, whose office has expressed concern to me on the telephone about noise pollution in Austin that's significantly injurious to myself.
U.S. Department of Justice officials, Washington, D.C.
Texas Department of State Health Services state agency, Austin, Texas.
State Senator Jeff Wentworth, chairman of the Senate Committee on Jurisprudence, Texas Legislature.
John Kevin McMillan
--- On Tue, 11/10/09, WWW - OPENRECS
From: WWW - OPENRECS
Subject: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan"
Date: Tuesday, November 10, 2009, 3:24 PM
Mr. McMillan,
The following response was provided by the TCEQ Region 11 office here in Austin, "We have no record of complaints from this individual. Further, this agency has no jurisdiction in his allegations of "noise pollution."
Sincerely,
Jimmy Perry
TCEQ Open Records Team
>>> John McMillan
Public Information Officer,
MC 197,
Texas Commission on Environmental Quality state agency,
State Government of Texas,
12100 Park 35 Circle,
Austin, TX 78753,
Or: Texas Commission on Environmental Quality
Attn: Public Information Officer, MC 197
P.O. Box 13087
Austin, Texas 78711-3087
Office phone: (512) 239-0800
FAX: 239-OPEN (6736).
November 10, 2009
Dear Open Records officials for the Texas Commission on Environmental Quality state agency in Austin,
This is a Texas Open Records request in which I seek to obtain from your State of Texas agency a photocopy or printout of any and all documents or memoranda or computer records or letters or notes or reports or messages generated at any time since January 1, 2000, including on November 9, 2009, and that, in each and every such case, specifically refers to reports or correspondence or rumors or speculations or conclusions or findings or opinions or legal actions or public-policy actions relating to or about the continuous and year-round noise pollution in Austin, Texas, that specifically, in each such case, was cited in that particular context as having specifically caused or as being the specific cause of, or that specifically was cited in that particular context as being expected to possibly cause or definitely cause, significant and permanent damage to the hearing capacity and medical health of myself, John Kevin McMillan of Austin.
Specifically EXCLUDED from the scope of this particular Open Records request are any and all letters or E-mail correspondence that was or were solely written by myself.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is....
I have resided in Austin proper on a continuous basis ever since mid-March of 1997. I am a lifelong single gentleman, and I have resided alone in northwest Austin ever since January of 2002.
In the period since January 1, 2000, I have resided at the following addresses in Austin proper:
---2518 Leon Street, Apt. 101, Austin, Texas, 78705 (an apartment complex situated a few blocks from UT-Austin's campus) for all of 2000 and until August of 2001;
---11411 Research Boulevard, Apt. 1638, Austin, Texas, 78759, from August 2001 until January of 2002;
---11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, from January 2002 until the present.
My personal E-mail addresses in the period since 2000 have been: mcmillanj@att.net and jkmcmil@texas.net .
One biological relative of mine, Mrs. Julie McMillan Lechtenberger, who is married to a highly-esteemed Houston-area attorney, Mr. Joseph Dean Lechtenberger, has herself repeatedly informed me over a multi-decade period, both on the telephone and in person, that she has herself actually heard anonymous background "voices" in my own presence----the source or origin of which she herself has never been able to identify, she informed me this year on the telephone----whenever Mrs. Julie McMillan Lechtenberger has observed me in person over the last many years.
One Austin-based ear, nose, and throat specialist, Dr. David Tobey, who has examined me in person inside his ENT medical clinic in northwest Austin on several occasions since 2005, emphatically stated to me in person during an ENT medical exam of myself on April 21, 2009, that Dr. Tobey is very sure that the noise pollution-inflicted permanent damage to my own hearing capacity over a multi-year period in Austin, Texas, was not caused by myself, nor was it authorized by myself or generated by myself, Dr. Tobey helpfully emphasized to me, including during that April 21 medical appointment I had with him.
Dr. David Tobey also informed me during that April 21, 2009, ENT medical examination of myself that the magnitude of the permanent damage to my own hearing capacity and medical health from noise pollution inflicted on me against my own wishes in Austin, Texas, over a multi-year period---including at several workplaces of mine, Dr. Tobey has repeatedly emphasized to me----has been comparable to what a municipal police officer sustains over the course of his entire career, Dr. Tobey stated to me during that April 21, 2009, medical appointment he had made with me.
Dr. David Tobey on June 3, 2009, signed a statement citing me as having myself sustained a "medical disability" in Austin, Texas, specifically involving permanent damage to my own hearing capacity. "High frequency sensorineural hearing loss causing tinnitus and sensitivity to loud sounds in some work environments," Dr. Tobey noted in that "disability documentation" signed statement on my own behalf.
One former roommate of mine in Austin who had roomed with me for about eight months in 2000, himself a University of Texas at Austin Classics Department faculty member in the year 2005, for instance, did state to me on the telephone on my birthday of April 27 in the year 2005, this during a polite phone call I made to his UT-Austin office from my rental apartment in northwest Austin, that he himself hoped that the cited "noise pollution" (exact quote) I again had complained about to that UT-Austin faculty member that day, would itself be terminated very soon, that self-identified native of Italy stated to me in that brief April 27 of 2005 phone conversation we had.
Thank you in advance for your prompt and very thorough and reliable response to this Open Records request from myself.
Sincerely,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com
cc: Environmental Protection Agency officials in Dallas, Texas, care of attorneys for the national headquarters office for the U.S. Government's EPA.
Center for Diseases Control in Atlanta, Georgia.
General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin, Texas.
United States Department of Justice officials, Washington, D.C.
Texas Department of State Health Services.
Texas Department of Health and Human Services, care of the State Comptroller of Texas state agency in Austin.
U.S. Department of Health and Human Services, Washington, D.C.
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