AUSTIN POLICE DEPARTMENT ON JANUARY 12, 2016, APOLOGIZES IN WRITING FOR ITS FAILURE TO MEET STATE-IMPOSED DEADLINE FOR MAILING DOCUMENTS IN APD'S POSSESSION THAT ARE RESPONSIVE TO DEC. 19, 2015, PUBLIC-INFORMATION REQUEST FROM SELF-IDENTIFIED CONTINUOUS-AND-CONTINUING, DAILY AND YEAR-ROUND SEX-CRIMES-AND-PERSONAL-INJURY-CRIMES VICTIM JOHN KEVIN McMILLAN OF AUSTIN, TEXAS

(From:) APD Records Management (at that office's official APD E-mail address of: Management.Records@austintexas.gov)

Today (Monday, January 12, 2016) at 8:17 a.m.

To: 'John McMillan' (at the E-mail address for Austin resident John Kevin McMillan of: mcmillanj@att.net)

cc(:) Egan, Rae (at that APD Detective's current official E-mail address of Rae.Egan@austintexas.gov, with Detective Rae Ann Egan having reportedly been transferred by APD in late 2015 from her duties in the APD Sex Crimes Unit to an investigative position as a Detective in the APD Homicide 1 Unit in Austin, Texas)

On Tuesday, January 12, 2016 8:17 AM, APD Records Management wrote:

Good morning Mr. McMillan:

This email is in response to your Open Record Request received by the Austin Police Department December 21. You asked to receive a copy of a list, which gives the name of individuals who are being denied Sexual Assault Forensic Exams. We apologize for the delay in response; unfortunately, we are working with a huge backlog with more than 25,000 requests received and we receive approximately 100 new requests each day. There are only four employees assigned to answer these.

We’ve been working your request. Regrettably, we will likely not have your request answered by today. Considering our backlog and the 24,392 requests we received before yours, we will endeavor to have your request answered by January 22 at 5 pm.

We apologize for the delay in response and appreciate your continued patience.

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Monday, January 11, 2016 5:40 PM

To: APD Records Management (at that APD office's official E-mail address of: Management.Records@austintexas.gov )

Ott, Marc; Martinez, Rose Marie; Baray, Ray; Adler, Steve; Cardenas, Nancy; Texas Rangers Division of DPS; Hamilton, Greg [TCSO]; rudy.Magallanes@traviscountytx.gov; Roger Dean; Tovo, Kathie; Casar, Gregorio; Houston, Ora; Kitchen, Ann; Zimmerman, Don; Renteria, Sabino; Texas DPS Office of General Counsel; Pool, Leslie; Troxclair, Ellen; Garza, Delia; Gallo, Sheri; Sherri Fleming; Public Information; Gregory Lucas; Ballesteros, Joe [TCSO]; Dayna Blazey; Governor's Office of Texas Open Records Administrator; U.S. Department of Homeland Security; FBI Dallas Bureau; FBI Houston Bureau (2015); Office for Victims of Crime (U.S. DOJ); U.S. President Barack Obama; TWC Ombudsman; Lowell A. Keig; TWC General Counsel Paul Jones; Texas Legal legal-aid service (2015); Arellano, Rey; Heatly, Jennifer [CMO]; Morgan, Anne; Jackson, Janet; david.escamilla@traviscountytx.gov; Texas Association Against Sexual Assault (2015); Brennan Center for Justice; Joyful Heart Foundation for Rape Victims; National Center for Victims of Crime; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon); Safe Place Austin (Helping Rape Victims Domestic Violence Victims); Sunset Valley Police Dept. Lt. Richard Andreucci; Rep. Naishtat Chief of Staff Dorothy Browne; Dallas Police Chief David Brown; Austin Chronicle Editors; Fox 7 (Austin TX) TV News; Austin Police Association (2015); Lori Carter; Travis County Judge Sarah Eckhardt; Travis County Commissioner Brigid Shea; Rape Abuse and Incest National Network; CBS News '60 Minutes' Editors and Reporters; CBS News Story Ideas Editors; KEYE Television News (Austin TX); DMN Austin Bureau Reporter Robert Garrett; pgomez@statesman.com; Polansky, Angel; Leslie DeGraffenried; rpuente@utsystem.edu; voicesagainstviolence@austin.utexas.edu; Louisiana Foundation Against Sexual Assault; E.C. Community Service Dir. Chris Barbee; Leander Police Chief Minton; State Comptroller Criminal Investigations Division Chief Martin Cano; Cedar Park (TX) City Manager Brenda Eivens (2014); Outback Asst Mgr Nick Burton

Subject: Fw: 12-19-15 Open Records re: APD ban on authorizing any SAFE exams for cited rape-victim complainants

Dear Open Records Administrator for the Austin Police Department in Austin, Texas,

This is a polite reminder that you are required by state law to respond in full and in writing to a public-information request within 10 working days.

I maintain that you may have allegedly violated state law through your municipal law-enforcement agency's alleged possible failure to mail me a reply letter providing me with any and all responsive documents that are responsive to my December 19, 2015, E-mail public information request (below) to your City of Austin Police Department.

I might add that if I do not receive a reply letter from you on this by 4 p.m. Tuesday afternoon, January 12, 2016, I will have no choice but to myself immediately file a civilly-worded legal complaint against you with Attorney General of Texas Open Records Division investigators here in Austin.

Sincerely,

from single adult white male criminal-law complainant and gainfully employed longtime celibate-by-choice, permanently alcohol-free and NON-alcoholic, dependably civil and law-abiding and honest and factually accurate, self-identified-continuous-and-still-to-this-very-morning-continuing-daily-and-year-round-personal-injury-crimes-and-anal-rape-crimes victim John Kevin McMillan.

My home address ever since late September 2015:
Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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On Thursday, March 27, 2008 10:00 AM, Jana Duty wrote: Mr. McMillan,
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On Saturday, December 19, 2015 11:15 PM, John McMillan wrote:

Dear Open Records Coordinator for the Austin Police Department,

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all lists of names at any time since 12:01 a.m. April 28, 2011, that were generated or developed or produced---along with a copy of any revisions or additions to those lists or any accompanying explanatory notes that state why the cited individual's name was included on or possibly removed from or not added to the cited list---by any applicable office or division or officer or official of the Austin Police Department, and that, in each and every such case, refers by name to each of the individuals for whom APD has or had an established official policy of refusing to authorize any Sexual Assault Forensic Exam (SAFE) on that individual.

This public-information request was prompted by an official APD report filed on June 3, 2015, by Austin Police Department Sex Crimes Detective Ms. Rae Ann Egan.

In that full-page report, Detective Egan explained in writing why APD on that day chose not to authorize any Sexual Assault Forensic Exam on myself, criminal-law complainant and self-identified continuous-anal-rape-crimes-and personal-injury-crimes victim John Kevin McMillan of Austin, Texas, even though (I) had repeatedly requested that SAFE exam on myself on the morning of June 3, 2015.

"I (APD Detective Rae Ann Egan) did some research and I did find out that this particular person (John Kevin McMillan of Austin, Texas) is on the 'Do Not Approve' List for SAFEs (Sexual Assault Forensic Exams)," Detective Egan wrote in that June 3, 2015, official APD supplementary report by that APD Sex Crimes Unit officer.

Detective Egan's report concludes with the highlighted phrase, "SAFE NOT APPROVED".

That report by APD Detective Egan was among 19 pages of legal documents that were mailed to me this month by the Austin Police Department in response to a public-information request from myself that APD designated as Open Records Request Number 12-23337.

I hope to hear from you soon.

Sincerely and Best Wishes,

longstanding criminal-law complainant and self-identified-continuous-personal-injury-crimes victim John Kevin McMillan.

My home address: Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apartment 902, Austin, Texas, 78759.
My home phone: (512) 342-2295
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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The following are exactly quoted portions, with some clarifications added in parentheses, of an official Austin Police Department report that was filed on June 3, 2...
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