Tuesday, January 27, 2015

ATTORNEY GENERAL OF TEXAS STATE AGENCY, IN JANUARY 20, 2015-DATED AND SIGNED OFFICIAL STATE OF TEXAS LEGAL REPLY LETTER TO THE CITY GOVERNMENT OF AUSTIN LAW DEPARTMENT IN AUSTIN, TEXAS, USA, AGREES IN WRITING TO LET THE CITY OF AUSTIN WITHHOLD FROM MYSELF, PUBLIC-INFORMATION REQUESTOR JOHN KEVIN MCMILLAN OF AUSTIN, EACH AND EVERY ONE OF NUMEROUS LEGAL DOCUMENTS GENERATED IN LATE 2014 BY THE CITY ATTORNEY'S OFFICE THAT ALL REFER TO NUMEROUS AUSTIN POLICE OFFICERS HAVING EACH CONSULTED THE CITY ATTORNEY'S OFFICE IN AUSTIN ABOUT MYSELF DURING AN APPROXIMATELY THREE-MONTH TIME PERIOD OF LATE 2014, A TIME PERIOD IN WHICH I MYSELF WAS GAINFULLY EMPLOYED AND LEADING A CIVIL AND LAW-ABIDING AND HONEST PERMANENTLY ALCOHOL-FREE LIFESTYLE IN AUSTIN; THE ATTORNEY GENERAL IN THIS MOST RECENT REPLY LETTER TO THE CITY ONCE AGAIN REFUSES TO CITE MYSELF (JOHN KEVIN MCMILLAN) BY NAME ANYWHERE IN THE STATE'S OFFICIAL REPLY LETTER TO THE CITY OF AUSTIN, WITH MYSELF BEING IDENTIFIED IN THE STATE'S REPLY LETTER ONLY AS 'REQUESTOR' (NO NAME FOR THE REQUESTOR IS STATED) AND THE CONTENT OF MY PUBLIC-INFORMATION REQUEST BEING CITED BY THE ATTORNEY GENERAL IN AUSTIN AS 'A REQUEST FOR INFORMATION REGARDING A NAMED INDIVIDUAL' (THAT INDIVIDUAL, WHO IS NEVER CITED BY NAME IN THE STATE'S REPLY LETTER, BEING MYSELF, FORMER TEXAS DEPARTMENT OF PUBLIC-SAFETY FULL-TIME EMPLOYEE AND PROGRESSIVE PROHIBITIONIST RELIGION FOUNDER AND ONLY APPROVED CURRENT MEMBER JOHN KEVIN MCMILLAN OF AUSTIN, TEXAS, USA)


The following, with the exceptions of parenthetical clarifying factual statements that have been added at this time and the bold-facing at this time of some of the text of this legal letter, is the exact verbatim content of portions of the following signed January 20, 2015-dated legal reply letter to an official of the City Government of Austin that was written and mailed by Assistant Attorney General Britni Fabian of the Open Records Division of the Attorney General of Texas state agency in Austin:

"January 20, 2015

"Ms. Elaine Nicholson
"Assistant City Attorney
"Law Department
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828

"(RE:) OR (A TEXAS OPEN RECORDS REQUEST WITH THE IDENTIFICATION NUMBER) 2015-01083

"Dear Ms. Nicholson:

"You ask whether certain information is subject to required public disclosure under the Public Information Act (the 'Act'), chapter 552 of the Government Code. Your request was assigned ID# (identification number) 555727.

"The City of Austin (the 'city') received a request for information regarding a named individual (John Kevin McMillan of northwest Austin) pertaining to a specified date (an approximately three-month total cited time period of late 2014). You claim the submitted information is excepted from disclosure under section 552.107 of the Government Code. We have considered the exception you claim and reviewed the submitted representative sample of information. (Footnote 1)
("(Footnote) 1: We assume the 'representative sample' of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. (Numbers) 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize any withholding of any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.)

... "Section 552.107(1) of the Government Code protects information coming within the attorney-client privilege. Gov't Code 552.107(1). 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....

> ...."Upon review, we find that the city (of Austin, capital city of the U.S. state of Texas) has demonstrated the applicability of the attorney-client privilege to the responsive information. Thus, the city (of Austin) may withhold the responsive information (from the requestor, John Kevin McMillan, and from the general public and from the news media in Austin) under Section 552.107(1) of the Government Code.

...
"Sincerely,

"Britni Fabian
"Assistant Attorney General
"Open Records Division
(Attorney General of Texas state agency in Austin)
"BF/bhf

"Ref: ID# (identification number) 555727
"Enc. Submitted documents

"c: Requestor (no name for the requestor is cited anywhere in official reply letter from the Attorney General of Texas, with the full legal name of that sole and only requestor being John Kevin McMillan---myself---of Austin, Texas)
"(w/o (without) enclosures)"

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