Thursday, July 23, 2015

CITY GOVERNMENT OF AUSTIN ON JULY 20, 2015, IS AGAIN GRANTED EXEMPTION FROM THE TEXAS OPEN RECORDS ACT IN A CONTEXT REFERRING TO MYSELF, PUBLIC INFORMATION REQUESTOR JOHN KEVIN MCMILLAN OF AUSTIN, TEXAS, USA


(EDITOR'S NOTE: THE FOLLOWING ARE QUOTED PORTIONS OF THE TEXT OF A JULY 20, 2015, THREE-PAGE SIGNED REPLY LETTER TO THE CITY OF AUSTIN LAW DEPARTMENT FROM ASSISTANT ATTORNEY GENERAL OF TEXAS CLAIRE V. MORRIS SLOAN OF THE OPEN RECORDS DIVISION OF THAT STATE AGENCY IN AUSTIN.

PLEASE NOTE THAT THE THE CITED PUBLIC INFORMATION "REQUESTOR" (MYSELF, JOHN KEVIN MCMILLAN OF AUSTIN) ONCE AGAIN WAS NOT MENTIONED BY NAME ANYWHERE IN THIS MOST RECENT REPLY LETTER TO THE CITY OF AUSTIN FROM THE ATTORNEY GENERAL THAT REFERS TO A PUBLIC INFORMATION REQUEST FROM AN UNSPECIFIED PRIVATE CITIZEN.

ALSO, THE BOLD-FACED PARAGRAPH, BELOW, IN THIS BLOG WAS NOT BOLD-FACED IN THE HARD COPY TEXT OF THIS LETTER THAT I MYSELF RECEIVED IN MY U.S. POSTAL SERVICE MAIL DELIVERY AT MY APARTMENT COMPLEX MAILBOX ON JULY 22, 2015. THE BOLD-FACING OF THE CITED PARAGRAPH BELOW IN THIS PARTICULAR BLOG WAS ADDED BY ME AT THIS TIME FOR THE SAKE OF HIGHLIGHTING THE SIGNIFICANCE OF THAT ONE PARTICULAR PARAGRAPH IN THE FOLLOWING SIGNED LEGAL REPLY LETTER FROM A STATE AGENCY OFFICIAL IN AUSTIN.---JKM)


"(Official state agency stationery logo:) Attorney General of Texas
"Ken Paxton
"Attorney General of Texas

"July 20, 2015

"(To:) Ms. Elaine Nicholson
"Assistant City Attorney
"Law Department
"City of Austin
"P.O. Box 1088

"Austin, Texas 78767-8828

(RE: OR (OPEN RECORDS REQUEST NUMBER) 2015-14734

"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 (Number) 577600.

"The City of Austin (the "city") received a request for all communications pertaining to the requestor (self-identified continuous-felony-personal-injury-crimes-and-anal-rape-crimes victim John Kevin McMillan of northwest Austin). 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 information.

"...

"You state the submitted information consists of communications (each referring to requestor John Kevin McMillan of Austin) involving attorneys for the city and city employees and officials in their capacities as clients. You state these communications were made in furtherance of the rendition of professional legal services to the city. You state these communications were intended to be, and have remained, confidential. Based on your representations and our review, we find you have demonstrated the applicability of the attorney-client privilege to the submitted information (referring to John Kevin McMillan of Austin). Accordingly, the city may withhold (from requestor John Kevin McMillan) the submitted information under section 552.107(1) of the Government Code.

"This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

"...

"Sincerely,

"(Handwritten signature of 'Claire Morris SL')
"Claire V. Morris Sloan
"Assistant Attorney General
"Open Records Division
"(State Government of Texas in Austin)
"CVMS/som

"Ref: ID (Number) 577600

"Enc. Submitted documents

"c: Requestor (John Kevin McMillan of Austin, Texas)
"(without enclosures)"

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