(EDITOR'S NOTE: A FEMALE TEXAS DEPARTMENT OF PUBLIC SAFETY OFFICIAL DID EXPLAIN TO ME IN PERSON IN 2009 AT THAT STATE AGENCY'S HEADQUARTERS IN AUSTIN WHY THAT STATE AGENCY HAD DENIED ME THE LEGAL RIGHT TO HOLD A TEMP JOB INSIDE THE DPS'S CONCEALED HANDGUN LICENSING BUREAU. THAT DPS OFFICIAL'S STATEMENT TO ME CAME AFTER I INFORMED HER THAT THE FBI OFFICIALLY VERIFIED FOR ME IN 2009 THAT I MYSELF DO NOT HAVE ANY CRIMINAL-CONVICTION RECORD.
THE FEMALE DPS OFFICIAL STATED TO ME THAT AN "INCIDENT" (HER PHRASING) IN 1986 IN WHICH I WAS CHARGED BY THE NEW YORK CITY POLICE DEPARTMENT WITH HAVING TRESPASSED INSIDE THE NEW YORK TIMES DAILY NEWSPAPER BUILDING IN MANHATTAN, DISQUALIFIED ME IN THE YEAR 2009 FROM MY BEING ALLOWED BY THE DPS STATE AGENCY IN AUSTIN TO HOLD ANY TEMP JOB OF ANY TYPE IN THE CONCEALED-HANDGUN SECTION OF THAT STATE AGENCY, SHE SAID.
THE CHARGE AGAINST MYSELF FROM 1986 WAS LATER DISMISSED, AS THE FBI HELPFULLY INFORMED ME IN WRITING IN 2009 IN RESPONSE TO THE FOLLOWING (SEE BELOW) REQUEST FOR INFORMATION ABOUT MY CRIMINAL-BACKGROUND RECORD THAT I SUBMITTED TO THE FBI.
ANY INCIDENT OF ANY TYPE THAT IS CITED IN A JOB APPLICANT'S CRIMINAL-HISTORY RECORD, REGARDLESS OF WHETHER THERE WAS A RESULTING CRIMINAL-CONVICTION ON THAT PERSON'S PERMANENT RECORD, AUTOMATICALLY DISQUALIFIES THAT JOB APPLICANT FROM BEING EMPLOYED ANYWHERE INSIDE THE CONCEALED HANDGUN LICENSING BUREAU OF THE DPS, THAT FEMALE DPS OFFICIAL POLITELY EXPLAINED TO ME IN THE LOBBY OF THAT BUREAU'S OFFICES IN NORTH AUSTIN IN 2009.
IT IS ALSO WORTH EMPHASIZING THAT I DID NOT HAVE ANY WEAPON ON MY PERSON WHEN I WAS CHARGED IN 1986 WITH TRESPASSING IN THE FIRST-FLOOR LOBBY OF THE THE NEW YORK TIMES BUILDING, AND I HAD NOT MADE ANY STATEMENT ABOUT MYSELF ALLEGEDLY HAVING SOUGHT TO HARM OR ALLEGEDLY HAVING SOUGHT TO ASSAULT ANY CITED PERSON OR EMPLOYEE OR OFFICIAL OF THE NEW YORK TIMES DAILY NEWSPAPER.---JKM)
cc: to FBI, Congressman McCaul, re: letter to FBI you authorized me to share with you
(From:) John McMillan (at my personal E-mail address of mcmillanj@att.net )
To info@fbinaa.org emailmccaul@mail.house.gov
Aug 4, 2009
Dear FBI Officials and ...(U.S.) Rep. McCaul,
A courtesy FYI to each of you on the attached (see below) follow-up legal correspondence from myself in regard to this possible alleged criminal-law matter.
Best Wishes,
John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Tue, 8/4/09, John McMillan
From: John McMillan
Subject: Fw: attn: Scott Daigle re: letter to FBI you authorized me to share with you
To: don.field@ci.austin.tx.us, robert.gomez@twc.state.tx.us, donna.howard@house.state.tx.us, david.smith@ci.austin.tx.us, cac@oag.state.tx.us
Date: Tuesday, August 4, 2009, 4:31 PM
Dear Mr. Field,
As a courtesy to yourself, since the following correspondence of mine relates to a cited possible "criminal-law" incident in another U.S. state that allegedly relates to myself, I would like to share this with you and your Austin Police Department colleagues as well.
Sincerely and Best Wishes,
John Kevin McMillan,
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Tue, 8/4/09, John McMillan
From: John McMillan
Subject: attn: Scott Daigle re: letter to FBI you authorized me to share with you
To: donna.howard@house.state.tx.us, dtobey@mac.com, info@fbinaa.org, pio@txdps.state.tx.us
Date: Tuesday, August 4, 2009, 4:27 PM
August 4, 2009
Dear Scott,
Thank you for authorizing me today on the telephone to myself E-mail to you at State Rep. Donna Howard's legislative office in Austin the following (see below) exact verbatim text of a signed legal letter of mine to the FBI federal law-enforcement agency that I mailed to the FBI office in West Virginia by certified-delivery UPS mail on July 28, 2009.
I have since received official confirmation from the UPS that the FBI did receive this legal letter from myself, which also contained a photocopy of a certified statement from Dr. David Tobey, a first-rate ear, nose, and throat medical specialist in Austin. That certified statement from Dr. Tobey noted that I myself have sustained a medical disability in Austin, Texas, involving significant permanent damage to my hearing capacity.
Dr. Tobey stated to me on April 21, 2009, during my most recent medical examination by himself inside his medical clinic, that permanent damage to my hearing capacity caused by noise pollution in Austin, Texas, that I myself did not authorize or generate or cause---including, Dr. Tobey has repeatedly emphasized to me in person inside his medical clinic, noise pollution to which I have been subjected at my various respective workplaces during working hours for me in Austin---has been of the magnitude and severity that a police officer would sustain over the course of a multi-year career involving frequent exposure to the sounds of loud noises such as gunfire, Dr. Tobey stated to me on April 21, 2009, during that medical appointment of mine that day.
Dr. Tobey also stated to me during that visit of mine to his medical clinic on April 21, 2009, that he still has not determined the alleged source of that noise pollution determined to be injurious to myself, John Kevin McMillan of Austin, Texas.
My letter to the FBI (see below) also contained very recent fingerprint samples from myself obtained for me at my personal request by the Texas Department of Public Safety during a follow-up visit I made relating to my seeking to submit samples on my own to the FBI after I was told by Ms. Jo Lynn Brown, an official of a non-profit temp agency in Austin, Peak Performers, that matches individuals listed with that service to temp jobs with state agencies in Austin, that the Concealed Handgun and Licensing section of the DPS is not willing to employ me on a temporary basis due to cited "FBI" information relating to myself and some alleged incident in another U.S. state, Jo Lynn Brown of Peak Performers temp agency told me on July 28, 2009.
...(deleted paragraph)
State Rep. Howard and Scott, I am very concerned about the possibility that the Texas Department of Public Safety state agency, a former employer of mine in Austin that never previously cited to me any "legal barrier" to my working for the DPS state agency in any context---and a state agency that has in fact granted me several job interviews this year for permanent positions of employment at the DPS, including in the Concealed Handguns and Licensing section-----has possibly subjected me to an allegedly illegal employment-related barrier or prohibition that discriminates against me or violates my legal rights in some manner.
I should emphasize to you that all communications to me about a cited prohibition from the DPS in regard to my working for a cited office of the DPS as a temp employee, came from Jo Lynn Brown of Peak Performers employment agency. It is possible that Jo Lynn Brown would have additional information at this time that she might be willing to share with you.
Peak Performers employment services matches job applicants listed with that service to temporary jobs, including some temp-to-perm jobs, with State of Texas agencies in Austin.
Thank you for any assistance or information about this very surprising "legal matter," that you are willing or able to offer me.
Incidentally, I should mention to you that I have also provided my congressman, U.S. Rep. Michael McCaul, with full and signed official privacy-related authorization to directly contact the FBI for me about this cited "criminal-law" matter.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
----------------------------------------------------------------------
Federal Bureau of Investigations,
Criminal Justice Information Services (CJIS) Division,
Attn: Record Requests,
1000 Custer Hollow Road,
Clarksville , West Virginia 26306
July 28, 2009
Dear FBI CJIS Division Records Requests Officials,
Please provide me as soon as possible with a complete, thorough, and fully-up-to-date criminal history background report about myself, John Kevin McMillan, along with any other records that the FBI CJIS Division maintains or has ever compiled in regard to myself.
Enclosed is an $18 cashier’s check in exchange for that criminal-history background report for myself.
My legal name is John Kevin McMillan.
During a brief period of 1986, I did have my name changed to Kevin John McMillan through a court appearance I made in the South Shore of Massachusetts for that one purpose. Later that year, I had that name change nullified through a follow-up court appearance of mine for that sole purpose.
I was born in Lincoln , Nebraska , on April 27, 1957. My social security number is .... I have been a single person throughout my entire life thus far: I have never been married to anyone.
The U.S. states where I have resided or lived for at least three consecutive weeks are: Nebraska , Texas , possibly Iowa during my youth, California , Georgia (during my high school years, only), Missouri , Florida , Minnesota , Massachusetts , and New York .
I am making this request today because I was told today for the first time ever by an official of a non-profit employment service in Austin, “Peak Performers,” that she has been told by an official of the Texas Department of Public Safety state agency in Austin, Texas, that there is an apparent criminal-conviction record or criminal-law matter in some other U.S. state that relates to myself, John Kevin McMillan, she told me today on the telephone and, later, during a visit of mine to “Peak Performers” employment agency.
That employment service official in Austin , Texas , made that very surprising statement to me in connection with a criminal background check that had been conducted relating to a planned “Peak Performers” temp-job placement for me with the Texas Department of Public Safety’s Concealed Handgun and Licensing Bureau in Austin.
I have since been informed by an official of the Texas Department of Public Safety in Austin that the “Peak Performers” employment service official apparently spoke with the Texas DPS Concealed Handgun and Licensing Bureau in Austin , Texas , in connection with criminal-history background checks on that planned temp-job placement for myself. The main phone number for the Texas DPS state agency in Austin , Texas , is: (512) 424-2000.
I did make a follow-up phone call to the “Peak Performers” employment service official who had informed me today that there is something on my own criminal-history record, she said. She did state to me in person at about 12:50 p.m. today inside her employment agency office that I am currently prohibited from working as a “Peak Performers” temp agency staff member for the Texas DPS, she told me at one point during a brief two-person meeting with that employment agency official. That “Peak Performers” official also told me in person today, after calling the DPS for me again from her employment agency office at 314 Highland Mall Boulevard, Suite 115, Austin, Texas, at about 12:40 p.m. today, this while I waited in the lobby of her employment service office, that she was told on the phone today by the DPS that an FBI check on me that had been routinely pursued early this month by the DPS in Austin had identified an apparent criminal-law violation by myself in a U.S. state other than Texas, the “Peak Performers” representative told me today. Please let me know if you would like more information about the circumstances in which I was provided with that very unexpected employment-related statement today by a Peak Performers representative. I would welcome the opportunity to elaborate about those circumstances.
I should also mention, by the way, that I have already provided Peak Peformers with a signed “medical disability” statement (enclosed) from a highly-esteemed ear, nose, and throat specialist, Dr. David Tobey of Austin , indicating that I myself have sustained significant permanent damage to my own hearing capacity over a multi-year period of residence in Austin , Texas . Dr. Tobey has informed me this year that he believes I did not authorize or generate or cause the noise pollution in Austin that he has determined (this over a multi-year period of his examining me inside his medical clinic) to have inflicted permanent damage on my own hearing capacity and medical health in Austin.
I myself have never owned any weapon in my entire life, and according to several Texas DPS-generated criminal-background reports on me that have been conducted at my request or an employer’s request in recent years, including this year, I have no criminal-conviction record.
... (several paragraphs deleted)
I submitted a previous request from Austin , Texas , to the FBI for a complete criminal-history background check on myself about 10 years (?) years ago, and I was informed by your federal agency at that time that you had no record of any convictions against myself.
In your response to this informational request from myself, I would also appreciate your informing me of whether you have any record of ANY pending criminal-law charges or any previous or currently applicable criminal convictions against me of any type.
Thank you in advance for your prompt and thorough response on this.
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
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