To Travis County District Attorney Rosemary Lehmberg Travis County DA's Office Paralegal CountyAttorneyDavidEscamilla Travis County Commissioner Karen Huber CountyCommissionerSarahEckhardt Travis County Commissioner Margaret Gomez CountyJudgeSam Biscoe Travis County Exec. Asst. County Attorney Collins Travis County First Asst County Atty Steve Capelle Travis County Auditor Susan Spataro Travis County Criminal Justice/Public Safety Director Travis County Sheriff Greg Hamilton State Bar of Texas Exec. Dir. Michelle Hunter State Rep. Donna Howard StateSenatorKirkWatson State Rep. Dawnna Dukes City Attorney's Office, Austin, TX, Julie Brossette, Asst. to City Attorney Austin Mayor Lee Leffingwell Texas Attorney General Open Records Gov'sOfficeAttyChelseaThornton Quincy (MA) City Solicitor Timmins Attorney General of Mass. Public Inquiry and Assistance Division Dr. David Tobey, ENT Specialist CityManagerMarcOtt City of Austin Asst City Manager Robert Goode Texas Dept. Insurance Consumer Protection Division Texas Department of Insurance Legal Services Counsel CityHealthHuServDir.DavidLurie TCEQLegalServicesOffice StateComptrollerSusanCombs Texas DPS Director Lamar Beckworth FBI National Academy Officials U.S. Dept of Justice USDeptofHealthHuServicesCivilRightsOffice USDeptofHealthHumanServices Texas Access to Justice Foundation Exec. Asst. Lisa Ayotte U.S. EPA General Counsel
Feb 22, 2011
Dear Travis County Officials in Austin, Texas,
The following is a nice written statement (below) I've received from a public-law attorney in Massachusetts, the City Attorney for Quincy, Mass. (a suburb of Boston), in which that kindly attorney, Mr. James Timmins, himself a member of the State Bar of Massachusetts, responds to my E-mail correspondence that was originally addressed to Travis County Attorney David Escamilla.
I still, to this day, have not received any written response from Travis County Attorney Escamilla here in Austin, Texas, about this very important legal-liability matter and legal matter in Travis County, Texas. However, I remain very hopeful that I will receive a written response from a Travis County official on this sometime this week.
Best Wishes,
John Kevin McMillan,a former resident of Quincy, Mass., who has myself resided in Texas on a continuous basis ever since January 1988.
Mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
----- Forwarded Message ----
From: Jim Timmins
To: John McMillan
Sent: Tue, February 22, 2011 8:26:17 AM
Subject: RE: 2-20-11 follow-up note re: any role by Travis County in injurious noise pollution
John:
The city of Quincy recently passed a noise ordinance, and I worked with the sponsoring ward councilor for several months on the draft ordinance, prior to its submission. So I understand the concerns you raise in your question.
I will tell you that it is generally the case that the impacts of noise on residents of a community are very difficult for local government to address. I know nothing about the particulars of Travis County , but I can tell you that in my experience, I can conceive of no conceivable scenario where a local government would “knowingly permit or authorize noise pollution.”
What constitutes bothersome noise is very subjective. You may find something bothersome that others do not. That is one problem. Another problem is catching the party making the noise in the act – so that something can be done about it.
I believe that what you are encountering is a common problem across the country. How we manage noise issues is something that communities continually struggle with. I would hope for you that, notwithstanding how difficult the problems in your community might be, you have confidence that your government is doing – and will do – what it can to help. And, I hope you can feel comfortable that your local government is not part of the problem.
Wishing you the best,
Jim
James S. Timmins
CITY SOLICITOR
1305 HANCOCK STREET
QUINCY MA 02169
(617) 376-1511
FAX 376-1519
jtimmins@quincyma.gov
________
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Sunday, February 20, 2011 1:28 PM
To: American Academy of Environmental Medicine; AMA Council on Ethical&JudicialAffairs; AMA Council on Science and Public Health; AMA Foundation Exec Dir Churchill; Texas Legislative Council Legal Director Deborah Fulton; Texas Legislative Budget Board; National Association of Attorneys General; Attorney General of Massachusetts; American Academy of Otolaryngology; TexasSecofStateExecutiveOffice; Texas Dept Aging Disability Services public info officer McCaslin; Texas Dept Aging Disability Services public info officer McCaslin; Texas Dept of State Health Services Occupational Noise Levels Investigators; Texas Dept of Aging and Disability Services General Counsel Owens; Texas Dept Aging Disability Services public info officer Norbraten; Attorney General of Mass. Public Inquiry and Assistance Division; Mass.AmnestyInternational; Mass.AmnestyIntlCo-CoordinatorRoth; ACLU of Massachusetts; Mass. Dist. Attorneys Assn.; Quincy (MA) City Solicitor Timmins; Massachusetts Criminal Justice Information Services (Chelsea, Mass.); Massachusetts Commission Against Discrimination Officials; Massachusetts Dept of Public Safety; State Comptroller of Massachusetts (Boston); Massachusetts Department of Environmental Protection (Boston); Massachusetts Executive Office of Public Safety and Security (Boston); Massachusetts Medical Society (Waltham); Boston CBS-Affil. WBZTV Political Analyst Jon Keller; Boston Channel 5 WCVB (ABC) TV Investigative News Team; Harvard Govt School Dean Ellwood; Harvard Injury Control Research Center; ACLU of Texas
Subject: Fw: 2-20-11 follow-up note re: any role by Travis County in injurious noise pollution
FYI to each of you civic leaders and government officials on the following legal-liability matter relating to year-round and continuous noise pollution that I myself did not generate, did not authorize, definitely did not request, and definitely DO NOT want, that has victimized myself in Travis County, Texas, ever since mid-March of 1997, when I moved back to Travis County from Palestine, Texas.
Sincerely and Best Wishes,
current Austin (TX) resident and former Massachusetts resident John Kevin McMillan, who myself resided in Quincy , Massachusetts , immediately before permanently returning to Texas in January 1988. The four cities of Massachusetts where I resided in the late 1980s and mid-1980s were: Worcester , Boston , Cambridge , and Quincy . (I am assuming that North Quincy, where I resided briefly from late 1987 until January 1988, lies within and is governed by the municipality of Quincy . I am not completely sure about that, though. In recent years, I have received several polite informative reply E-mail letters from the City Solicitor of Quincy, Mr. Timmins, assuring me that he is not aware of any violations of my own privacy rights that have ever emanated rom Quincy , Mass. )
My home phone in Austin , Texas : (512) 342-2295.
My home address: 11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759 .
My Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
----- Forwarded Message ----
From: John McMillan
To: StateComptrollerSusanCombs
Sent: Sun, February 20, 2011 11:45:34 AM
Subject: Fw: 2-20-11 follow-up note re: any role by Travis County in injurious noise pollution
A respectful FYI to each of you very influential civic leaders and government officials on this follow-up (including below) correspondence of mine in which I am politely asking the Travis County Attorney here in Austin, Texas, Mr. David Escamilla, or any other Travis County Government official here in Austin, Texas, to please respond to this one public-policy question from myself:
"Do you know of ANY circumstance in which Travis County Government at present would ever knowingly permit or authorize noise pollution in Travis County that violates the privacy rights of ANY single adult male resident of Travis County in any context that has been determined by an ear, nose,and throat medical specialist in Austin, Texas, to be significantly and permanently injurious to the hearing capacity and medical health of that single adult male Travis County resident?"
Thank you in advance for your very kind interest in this legal-liability matter currently facing Travis County Government. A reply note from any of you about this public-policy issue would be greatly appreciated.
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
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
----- Forwarded Message ----
From: John McMillan
To: Travis County Commissioner Margaret Gomez
Sent: Sun, February 20, 2011 12:22:17 AM
Subject: 2-20-11 follow-up note to County officials re: any role by County in injurious noise pollution
Dear Very Distinguished Respective Travis County Government Officials in Austin , Texas ,
As a gainfully employed, tax-paying, and law-abiding single adult male resident of Travis County who has myself resided on a continuous basis inside this county ever since March 1997, I would appreciate receiving a courtesy reply letter from any of you Travis County Government officials in response to the one total public-policy question (see below) that I had originally addressed to Travis County Attorney David Escamilla on January 30, 2011.
So far, Travis County Attorney Escamilla has chosen against sending me any reply letter of any type in response to the very straightforward public-policy-related question that I posed to him in my January 30 E-mail note to himself.
I hope to hear from one or more of you admirable county officials in the very near future if any of you are willing to offer me any type of written response to the one question (below) that I politely posed to your very influential Travis County Government on January 30, 2011.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin , Texas , 78759.
Home phone: (512) 342-2295.
Blog: http://www.johnkevinmcmillan.blogspot.com
John Kevin McMillan
----- Forwarded Message ----
From: John McMillan
To: david.escamilla@co.travis.t.x.us; CountyCommissionerSarahEckhardt
Sent: Sun, January 30, 2011 10:43:44 PM
Subject: 1-30-11 question for County Attorney re: any role by Travis County in cited noise pollution
To: Travis County County Attorney David Escamilla,
Travis County Government,
Austin, Texas.
Dear Travis County County Attorney Escamilla,
Do you know of ANY circumstance in which Travis County Government at present would ever knowingly permit or authorize noise pollution in Travis County that violates the privacy rights of ANY single adult male resident of Travis County in any context that has been determined by an ear, nose,and throat medical specialist in Austin, Texas, to be significantly and permanently injurious to the hearing capacity and medical health of that single adult male Travis County resident?
Thank you in advance for your helpful response to this one question from a consistently civil and law-abiding, gainfully employed, single adult gentleman and resident of Austin proper ever since mid-March 1997, most recently.
Sincerely,
John Kevin McMillan.
Home phone: (512) 342-2295.
cc: County Commissioner Eckhardt and County Judge Biscoe, respectively.
Dr. David Tobey, a nationally renowned ear, nose, and throat medical specialist who has examined me in person on several occasions ever since 2005 inside his medical clinic in northwest Austin .
Officials of the Travis County District Attorney's Office, Austin , Texas .
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