--- On Sat, 4/11/09, John McMillan
From: John McMillan
Subject: 4-11-09 TWC Open Records: TWC-cited criminal-law issue at my workplaces
To: "TWC Open Records Coordinator"
Date: Saturday, April 11, 2009, 4:36 PM
To: Texas Workforce Commission Open Records Administrator,
Texas Workforce Commission state agency,
State Government of Texas,
101 E. 15th St., Rm. 266, Austin, TX, 78778-0001
TWC Open Records FAX number: (512) 463-2990.
Main phone number for the TWC in Austin: (512) 340-4300.
April 11, 2009
Dear Open Records Administrator for the TWC,
This is an Open Records request in which I seek to obtain from your very influential State of Texas agency a photocopy of any and all computer records or other records, documents or letters or E-mail letters or notes, memoranda, reports, published legal documents, legal opinions, letters, or phone messages, or any other items received, generated, sent, mailed, E-mailed, written, compiled, or produced by or on behalf of, any of the following officials or staff members of the Texas Workforce Commission in Austin, Texas, at any time since January 1, 2002, and that, in each such case, directly referred to a cited possible or confirmed criminal-law matter or a cited possible or confirmed violation of the state penal code of Texas, or a cited "death threat" of any type, that also specifically referred to or related to or directly cited myself, John Kevin McMillan of Austin, in any context, any manner, or any way, such as through any reference to myself that contained an abbreviated version of my full legal name (John McMillan or John K. McMillan, for instance) or a "nickname" or "moniker" or "code name" for myself.
Among the Texas Workforce Commission employees or officials who along with each of their respective TWC offices are included in the scope of this Open Records request from myself are:
----Current TWC General Counsel John Moore, or any person or official employed in the Office of the TWC General Counsel at any time since January 1, 2002, it being noteworthy that Mr. John More was specifically carbon-copied by TWC Civil Rights Division Director Robert Gomez in a March 26, 2009-dated E-mail reply letter (see below) to myself in which Mr. Gomez specifically referred to an alleged or possible criminal-law matter relating to myself, John Kevin McMillan of Austin, and my cited working conditions at one or more of my respective workplaces of mine in the Austin area of Texas.
---Current TWC Civil Rights Division Director Robert Gomez or any other person or official employed in the TWC Civil Rights Division at any time since January 1, 2002.
----Gene Crump, a TWC official or staff member to whom Mr. Robert Gomez, TWC Civil Rights Division Director, specifically carbon-copied a March 26, 2009-dated reply E-mail letter to myself that cited an alleged criminal-law matter relating to myself and one or more of my workplaces in the Austin area.
---Susanna Holt, a TWC official or staff member to whom Mr. Robert Gomez, TWC Civil Rights Division Director, specifically carbon-copied a March 26, 2009-dated reply E-mail letter to myself that cited an alleged criminal-law matter relating to myself and one or more of my workplaces in the Austin area.
As part of your response to this public-information request, I would appreciate receiving a photocopy of your state agency's computer records or printouts of the E-mail correspondence contained below, including Mr. Gomez's March 26, 2009-dated reply E-mail letter to me, in addition to any documents or other items generated at your state agency that referred to any portion of that multi-letter recent E-mail correspondence of mine that involved the TWC.
Also included in the scope of this public information request is my request of today, through this letter from myself, for a photocopy from the TWC of the current description for each and every position held by, and a description of all job duties, including temporarily-assigned job duties, that were ever assigned at any time since January 1, 2009, to, TWC officials or staff members Gene Crump and Susanna Holt, respectively.
Among the insights I hope to glean from this Open Records request are answers to the following questions:
----Did TWC Civil Rights Division Director Robert Gomez or any other official of the Texas Workforce Commission choose to contact any law-enforcement agency that does have jurisdiction over criminal-law matters in any context that relates to myself or to my own working conditions at any of my workplaces?
---Has any TWC official or any group of TWC officials sought to discipline any TWC staff member or any TWC official because that staff member reportedly failed to share with any law-enforcement agency criminal-law evidence obtained by your state agency that related to myself and my own working conditions or living conditions in Central Texas.
---Does the Texas Workforce Commission have any other record indicating that I myself, John Kevin McMillan of Austin, have been subjected to any anonymous verbalized death threats or any other verbalized death threats at any of my respective workplaces in Austin, Texas, or Cedar Park, Texas, in the period since January 1, 2002?
----Does the Texas Workforce Commission have any evidence on file indicating that any person or any group of persons allegedly seek or seeks to harm myself, John Kevin McMillan, in any context?
----Does the Texas Workforce Commission have any evidence on file indicating that any person or entity for whichever reason fails to fully acknowledge the very obvious facts about myself that I myself, John Kevin McMillan, am psychologically healthy, disease-free, HIV-negative, clean-talking, platonically polite, permanently illicit-drug-free, permanently alcohol-free, and consistently civil and law-abiding, and that I myself definitely do not seek to harm myself or anyone else.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is ....
I am a single adult gentleman, and I have never been married at any time in my life thus far. I lead a completely and permanently alcohol-free, lifelong-tobacco-free, completely and permanently illicit-drug-free, tattoo-less, jewelry-less, facially-cleanshaven, hygienic, recently-certified HIV-negative, medically healthy, psychologically healthy, disease-free, morally and aesthetically straight, platonically polite, and clean-talking lifestyle in Austin, Texas.
One highly-esteemed ear, nose, and throat specialist, Dr. David Tobey, has determined for me based on his examinations of my hearing capacity inside his medical clinic in northwest Austin over a multi-year period, that I myself have suffered from statistically significant damage to my own hearing capacity in recent years in Austin, Texas.
Dr. Tobey in a recent prior year was provided by me with signed written authorization to himself discuss his medical findings about me and his stated concerns about noise pollution victimizing myself in Austin----including apparent noise pollution injurious to myself at one or more of my respective restaurant workplaces in the Austin area in recent years that Dr. Tobey has also on his own volition cited to me in person inside his medical clinic----with any person who might ever wish to contact Dr. Tobey. His office phone number in Austin is: (512) 346-5562. Dr. Tobey's Austin Ear, Nose, & Throat Clinic location where he has repeatedly examined me in person is situated at 11623 Angus Road, Suite 20, Austin, Texas, 78759.
I am consistently honest, conscientious, civil, vigilant, law-abiding, and law-enforcement-minded. I have no criminal-conviction record, as the Texas Department of Public Safety and the Austin Police Department have each officially confirmed for me in a recent prior year of the 21st Century. I have worked full-time in Austin for three different law-enforcement agencies of the State Government of Texas in the period since I most recently moved back to Austin in mid-March of 1997. Those state agencies are: the Texas Department of Public Safety; the Texas Department of Criminal Justice; and the Texas Board of Pardons and Paroles, respectively.
I have resided in Austin proper ever since mid-March of 1997, most recently. I have resided alone in Apartment 325 at Wind River Crossing Apartments, 11411 Research Boulevard, Austin, Texas, with a zip code of 78759, ever since early 2002. From August of 2001 until early 2002, I resided at Apartment 1638 at the very same apartment complex, Wind River Crossing Apartments, in northwest Austin.
Thank you in advance for your prompt and thorough and reliable, authoritative response to this Open Records request 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
Blog: http://johnkevinmcmillan.blogspot.com
cc: State Rep. Donna Howard, who represents myself and other residents of her geographically-defined district in the Texas House of Representatives.
State Rep. Dawnna Dukes, an admirably innovative, courageous, and people-friendly state lawmaker from Central Texas, along with Rep. Dukes's first-rate Outreach Coordinator, Mr. Evan Avery.
Texas Department of Public Safety Director Thomas Davis, DPS state agency headquarters, Austin.
Austin Police Department Chief Art Acevedo, APD headquarters, Austin.
Federal Bureau of Investigation and U.S. Justice Department Officials, Washington, D.C.
U.S. Department of Labor Officials, Washington, D.C.
Travis County District Attorney Rosemary Lehmberg, DA's Office, Austin.
State Bar of Texas General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin.
Travis County County Commissioner Sarah Eckhardt, in the hope that my very diligent county commissioner will be willing to kindly forward this E-mail correspondence to an official of the Travis County Sheriff's Office in Austin.
Travis County County Attorney David Escamilla, County Attorney's Office, Austin.
Williamson County District Attorney John Bradley, Georgetown.
Williamson County County Attorney Jana Duty, Georgetown.
City of Cedar Park Police Department Officials, Cedar Park, Texas.
Texas Attorney General Gregory Abbott, Office of the Attorney General, State of Texas, Austin.
University of Texas at Austin Associate Vice President for Legal Affairs Lee Smith, UT-Austin.
Ms. Norma Hilbig, who in recent years has used two different respective E-mail addresses, one of them for a "Norma Almaraz," in her diligent role as an admirable Travis County District Attorney's Office official. Ms. Norma Hilbig officially confirmed for me in January of 2006 for the first time ever, that Ms. Hilbig had established a voluminous criminal-law pre-prosecution legal-evidence file strictly for my own intended benefit, inside the Strategic Prosecution Division of the Travis County DA's Office in Austin, Ms. Hilbig stated to me and to a State Bar of Texas veteran criminal-law attorney representing me in April 2006, Mr. Robert Icenhauer-Ramirez of Austin, who contacted her by telephone at my own request, with that widely-respected attorney then informing me on the telephone what Ms. Hilbig had revealed to that attorney about the intent of the pre-prosecution criminal-law file established strictly for my own benefit, according to what Ms. Norma Hilbig reportedly stated to that Austin-based attorney and, in a separate conversation, she directly stated to myself, John Kevin McMillan of Austin.
_____
--- On Sat, 3/28/09, John McMillan
From: John McMillan
Subject: Fw: RE: 3-25-09 query re: verbalized death threats to someone at his workplace in TX
To: "State Rep. Donna Howard"
Date: Saturday, March 28, 2009, 11:44 AM
A respectful FYI to each of you very influential law-enforcement-minded government officials on the following legal letter of complaint from myself relating to alleged verbalized death threats against myself on thousands of total occasions that have allegedly involved anonymous communications media services inflicted on myself at each of my respective restaurant workplaces, for instances, ever since the spring of 2002 in Austin, Texas, and in Cedar Park, Texas.
I would appreciate a reply letter from each of you officials in regard to this important legal-liability issue facing the State Government of Texas, Travis County Government, Williamson County Government, the City of Austin, and the City of Cedar Park, Texas.
Sincerely and Best Wishes,
John Kevin McMillan of Austin.
Home phone: (512) 342-2295.
John Kevin McMillan
--- On Sat, 3/28/09, John McMillan
From: John McMillan
Subject: RE: 3-25-09 query re: verbalized death threats to someone at his workplace in TX
To: "Travis County District Attorney Rosemary Lehmberg"
Date: Saturday, March 28, 2009, 11:41 AM
Dear Travis County District Attorney Rosemary Lehmberg, Travis County County Attorney David Escamilla, Williamson County District Attorney Bradley, and Williamson County County Attorney Duty, respectively,
I would like to take this opportunity to thank Texas Workforce Commission state agency official Robert Gomez for pointing out to me (see reply letter, below) that he is aware of a criminal-law matter relating to myself and my own "life" circumstances in Austin, Texas.
You will each note that Texas Workforce Commission state agency Civil Rights Division Director Robert Gomez in his March 26 reply letter (see below) to myself, has stated to me that I need to contact the applicable local district attorney or county attorney in regard to alleged verbalized death threats against myself to which I have been subjected at each and every one of my numerous respective restaurant workplaces in the Austin and Cedar Park areas.
I allege that those verbalized death threats against myself have originated from background anonymous-verbalized-communications "media services" sound systems of some type, piped into or inflicted on my workplaces in some manner, that I myself have NEVER authorized or ever been informed about by any of my employers.
I allege that I have been subjected against my wishes to those alleged anonymous verbalized death threats against myself, death threats against myself that are flagrantly illegal in nature, in the background at each of my workplaces for a substantial portion of nearly all of my workshifts at each of my respective restaurant workplaces in Travis County and in Williamson County, Texas, ever since the spring of 2002, when I began working in restaurants as a waiter or server for the first time ever.
Those restaurant workplaces include or have included:
---Village Inn 620, a chain restaurant situated in Cedar Park, Texas, that closed down permanently in April of 2008 after I filed a legal complaint against Village Inn 620 through the U.S Equal Employment Opportunity Commission that did cite alleged verbal harassment of myself at my workplace.
---Souper Salad Lakeline, a chain restaurant situated in Williamson County, Texas, that is located along Pecan Park Boulevard;
---....
---IHOP Duval Restaurant, a chain restaurant situated along Research Boulevard near Duval in Austin, Texas, and in Travis County, Texas;
---Satay Restaurant, a restaurant situated along Anderson Lane fairly close to Mopac expressway;
---Bellagio's restaurant, an Italian restaurant situated at 6507 Jester;
---Souper Salad Highland chain restaurant, situated along Middle Fiskville Road near Highland Mall;
---Souper Salad Round Rock chain restaurant, situated in Round Rock, Texas;
---Souper Salad Braker Lane chain restaurant, situated near Braker Lane and Highway 183, a restaurant that was closed down permanently in a recent prior year;
---IHOP 290 restaurant, situated near Highway 290 and Interstate Highway 35;
---the IHOP chain restaurant situated near Highway 183 and Ohlen (sp? Olin?) road in north Austin;
---the IHOP chain restaurant situated along East Cesar Chavez road;
---the Souper Salad chain restaurant situated at the intersection of Ben White Boulevard and South Lamar;
---the Taj Palace Indian restaurant situated along Middle Fiskville road near Highland Mall in Austin;
Do any of you very distinguished district attorneys or county attorneys maintain that the alleged anonymous death threats in the background to which I maintain that I have been subjected in person during working hours for myself at each of my respective restaurant workplaces throughout the Austin area in the last seven-year period, were anything but illegal in nature on the part of the sources of those anonymous death threats, regardless of which persons or attorneys or law firms or business entities or government-owned institutions or government agencies or "educational institutions" or unethical media companies or gay groups or lesbian groups or transsexual militant groups or religious groups or atheist groups or political groups or foreign nations, for that matter, might prove to be the actual source of or sponsor of those repeated anonymous verbalized death threats to myself at each and every one of my workplaces, including each of my restaurant workplaces, ever since 1997 in the Austin area.
I would like to take this opportunity to again emphasize that I myself lead a permanently illicit-drug-free (ever since 1984, and with no prior addiction to any illicit drug), lifelong-tobacco-free, permanently alcohol-free (ever since 1990, with no prior addiction to alcohol), tattoo-less, jewelry-less, platonically-polite, clean-talking, psychologically healthy, preventive-medicine-minded and healthful-living-minded, morally and aesthetically straight, facially cleanshaven, hygienic, recently-certified-HIV-negative, consistently civil and vigilant and law-abiding (I have no criminal-conviction record, in fact, as each of you is no doubt very aware) and law-enforcement-minded lifestyle in which I myself diligently report evidence of illegal conduct by others that I observe in my everyday life to the Austin Police Department, for instance, on a year-round basis.
I definitely am also a conscientious gentleman who myself definitely does not seek to harm myself or anyone else. I have a very strong will to enjoy a full and healthy life for myself, and I definitely am very devoted to resolving any and all conflicts between myself and anyone else in an honorably law-abiding manner on my part. If someone whom I've already rejected from my own life is allegedly stalking me, for instance, and if I could cite evidence implicating that alleged stalker by name, I would of course and very definitely contact a law-enforcement agency and file legal charges against that individual, regardless of whether he himself is an attorney.
The Travis County District Attorney's Office has already officially acknowledged in writing that it has considerable legal evidence that one or more persons (other than myself, I wish to emphasize) allegedly or possibly seek to harm myself or allegedly exhibit possible criminal intent victimizing myself, John Kevin McMillan.
In that context, I would particularly appreciate a reply letter from each of your law-enforcement agencies that informs me, among other things, about who or what you believe is the possible source of the alleged verbalized death threats against myself, an honorable gentleman, to which I have been subjected against my wishes on many thousands of total combined occasions inside my various workplaces, including each of my various restaurant workplaces, in Austin, Texas, and in Cedar Park, Texas, respectively, in the period since the spring of 1997, when I most recently moved back to Austin after residing in and working as a full-time newspaper journalist in Palestine, Texas.
The factual legal information I am seeking from your district attorney's and county attorney's offices will enable me to myself immediately file legal charges against the sources of those anonymous death threats against myself at my respective workplaces through the Austin Police Department and Cedar Park Police Department and through the Travis County District Attorney's Office, the Travis County County Attorney's Office, the Williamson County District Attorney's Office, and the Williamson County County Attorney's Office.
Thank you in advance for your helpful reply letters in response to this inquiry that was prompted by a referral from a Texas Workforce Commission official who has indicated to me that the verbalized death threats against myself at each of my restaurant workplaces in the Austin area were definitely violations of the state penal code demanding a criminal-law investigation and criminal-law prosecutions.
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
-------
--- On Thu, 3/26/09, Gomez, Robert
From: Gomez, Robert
Subject: RE: 3-25-09 query re: verbalized death threats to someone at his workplace in TX
To: mcmillanj@att.net
Cc: "Crump, Gene"
Date: Thursday, March 26, 2009, 9:30 AM
Mr. McMillan,
The Texas Workforce Commission Civil Rights Division (TWCCRD) enforces the Texas Commission on Human Rights Act which prohibits employment discrimination based on race, color, religion, national origin, sex, disability, and age. Complaints filed with TWCCRD are dual-filed with the US Equal Employment Opportunity Commission (EEOC) so it is not necessary to file with both the state and federal agencies. Although the complaints are filed with both agencies, only one will conduct an investigation. Employment complaints filed with TWCCRD must be filed within 180 days of the alleged discriminatory act.
The situation you have described below and the information you are requesting are both outside the jurisdiction of TWCCRD. As such, you would need to contact your local district or county attorney to determine the answers to your inquiries. TWCCRD does not enforce or has jurisdiction over criminal statutes.
Thank you,
Robert
Robert Gómez, Director
TWC Civil Rights Division
512-463-4432
Be of Good Cheer!
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited.
_____
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Wednesday, March 25, 2009 11:09 PM
To: Gomez, Robert; Moore, John; Open Records; Benton, Joann; Lewis, Jesse A; Temple, Larry; StateRep.DonnaHoward; TexasSecofStateExecutiveOffice; StateComptrollerSusanCombs; FCC FOIA Requests; FederalCommunicationsCommission; U.S. Representative Michael McCaul; U.S. Dept of Commerce Civil Rights Div Officials; U.S. Dept Labor FOI Request; U.S. Dept. Labor (Wash.D.C.); CountyAttorneyDavidEscamilla; Travis County District Attorney Rosemary Lehmberg; WilliamsonCountyDAJohnBradley; Williamson County Atty Jana Duty; CountyJudgeSam Biscoe; WilliamsonCountyJudgeDanGattis; Travis County DA's Office Paralegal; AustinPoliceChiefArtAcevedo; police@cedarparktx.us; APD Open Records Coordinator Don Field; ColonelThomasDavis; CityAttorneyDavid Smith; Carter Center for Human Rights; CorporateAccountabilityInternational; HumanRightsWatchOfficials(D.C. Office); privacyint@privacy.org; Communication Workers of America; Americans for Nonsmokers' Rights Exec Dir Cynthia Hallett; American Civil Rights Institute; Physicians for Human Rights Officials; International Assn of Police Chiefs, Civil Rights Officer; Legal Aid Society-Employment Law Center; TX Dept of State Health Services Legal Complaints; U.S. Dept of Justice; U.S. EPA General Counsel; U.S. Dept Educ Public Info Office; Texas Higher Ed Coordinating Board Genl Counsel William Franz; TEA Commr Shirley Neeley; TEA Open Records Coordinator; TEA Open Records Coordinator Echo; TFA Grievance Rep Jose Briceno; TexasFacultyAssnSecretaryDixieKing; Assn. for the Prevention of Torture; Association for the Prevention of Torture; Humanities Texas; ChrisBarbee@LeaderNews; ACLU of Texas; StateSenatorKirkWatson; AttorneyGeneralofTexas; National Consumer Law Center (Boston); Federal Law Enf. Officers Assn; FBI National Academy Officials; TravisCountyCommisionerMargaretGomez; NationalCrimePreventionCouncilCommunics.Director; National Center for Victims of Crime; National Crime Prevention Assn. Director Patrick Harris; ACC Governmental Relations Office; NationalWritersUnionOfficials; NoCussingClub(S.Pasadena,Calif.); StateBarGeneralCounselElizabethRogers; State Bar of Calif. Disciplinary Counsel; StateBarofTexasDisciplinaryInvestigatorRichards; Mass.Assn.ofHumanRightsCommissions; Mass. Dist. Attorneys Assn.; Mass. Dept. Mental Health Privacy and Compliance Official Jamie Curtis
Subject: 3-25-09 query re: verbalized death threats to someone at his workplace in TX
Dear Texas Workforce Commission Civil Rights Division Director Gomez in Austin,
I would appreciate a reply E-mail letter or signed reply letter from you, clarifying for me whether it is, in fact, flagrantly and very offensively illegal and an outrageous violation of state or federal law, for any person or group of persons to verbalize a death threat to someone (myself, for instance) at his own workplace during working hours for himself.
Also, what is the criminal-law penalty to any person or group of persons or any media company that or who are ever found guilty at any time of having subjected anyone (myself, for instance) at his own workplace to any verbalized death threat or any verbalized death threats at any time (such as might occur in a context featuring profane speech by the person or persons verbalizing that death threat against someone at his workplace).
Mr. Gomez, I look forward to receiving your reply letter about this very important civil-rights and human-rights and legal-rights issue for myself and many others.
Sincerely and Best Wishes,
John Kevin McMillan, a teetotaling and permanently-alcohol-free and anti-alcohol, permanently illicit-drug-free and anti-drug, lifelong-tobacco-free, psychologically healthy, disease-free and HIV-negative and hygienic, facially cleanshaven, tattoo-less, intellectually talented, honest and conscientious, consistently civil and consistently vigilant and consistently law-abiding (I have no criminal-conviction record, as I'm sure your Texas Workforce Commission state agency is already very aware), gainfully employed, polite, clean-talking, single adult gentleman. I might add that I am also a single gentleman who will myself insist on asserting my legal right to file a legal complaint against any employer or any work supervisor of mine, if applicable, that ever at any time permits any "background media services" provider or any "media services" provider operating at my own workplace, or anyone in person, for that matter, to repeatedly and on numerous occasions (or even on one occasion, for that matter) subject myself, John Kevin McMillan, at my workplace during working hours for myself, to ANY "anonymous verbalized death threat" against myself or any other form of verbalized death threat against myself.
Home 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
with several carbon-copies to other government officials, including officials of the U.S. Government, State of Texas, Travis County, Williamson County, City of Cedar Park, and City of Austin officials.
John Kevin McMillan
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