Monday, January 18, 2016

AUSTIN POLICE PUBLIC INFORMATION COORDINATOR DON FIELD REPLIES IN WRITING ON AUG. 23, 2012, TO E-MAIL OPEN RECORDS REQUEST FROM CRIMINAL-LAW COMPLAINANT JOHN KEVIN McMILLAN OF AUSTIN




On Thu, 8/23/12, Field, Don wrote:

From: Field, Don

Subject: RE: reminder note to Don Field of APD RE: 8-6-12 Open Records request to APD

To: "'John McMillan'"

Date: Thursday, August 23, 2012, 3:26 PM

I have your request. I am assembling the responsive information and currently waiting for a few more emails to come in so I can mail out the full package. Thanks for your patience.

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

Sent: Thursday, August 23, 2012 15:11

To: Field, Don; Texas Attorney General Public Information Officers; Texas Attorney General Open Records; Attorney General of TX Criminal-Law Division Captain Gregory Lucas; Texas DPS Office of General Counsel; Travis County Sheriff's Office Paralegal Michael Lasorsa; Travis County District Attorney Rosemary Lehmberg; Travis County DA's Office Open Records Coordinator Nicole Waggoner; U.S. Dept of Justice; Wind River Crossing GM Ann Coker; Outback Asst Mgr Nick Burton

Subject: reminder note to Don Field of APD RE: 8-6-12 Open Records request to APD

Dear APD Open Records Coordinator Field,

Would you please confirm for me that you have mailed to me a reply letter fully responsive to my August 6-dated Texas Open Records request (below)?

I raise that question after noting today that your expected reply letter addressed to myself was not among the letters delivered to me at my Wind River Crossing Apartments mailbox by a United States Postal Service carrier.

If I don't receive a reply E-mail note from you today about this, I may need to then file a formal complaint with the Attorney General of Texas state agency.

As you are no doubt very aware, state law in Texas mandates that a government agency must mail a requestor a written reply letter providing any and all documents responsive to his public-information request within 10 business or working days of that agency's receipt of that request.

That 10-day period has expired, based on what I noted today when I checked my calendar for the month of August.

Thank you in advance for your polite and helpful reply letter on this.

Sincerely and Best Wishes,

John Kevin McMillan of Austin, Texas.

Home phone: (512) 342-2295.

John Kevin McMillan

--- On Tue, 8/14/12, Field, Don wrote:

From: Field, Don

Subject: RE: 8-6-12 Open Records request to APD

To: "'John McMillan'"

Date: Tuesday, August 14, 2012, 7:30 AM

Your request was received.

....

From: John McMillan

Subject: 8-6-12 Open Records request to APD

To: "APD Open Records Coordinator Don Field" , "Texas DPS Online Services Webmaster" , "Texas DPS Office of General Counsel" , "Attorney General of TX Criminal-Law Division Captain Gregory Lucas" , "Travis County Sheriff's Office Paralegal Michael Lasorsa" , "Texas Attorney General Open Records" , "Travis County District Attorney Rosemary Lehmberg" , "Texas State Troopers Association" , "Open Records AdministratorGovernor's Office of Texas" , "Texas Monthly Story-Assignments Editor John Broders" , "DallasMorningNewsState EditorMarkEdgar" , investigates@kxan.com, " TX) TV NewsFox 7 (Austin" , "TRA General Counsel Glen Garey" , "CountyJudgeSam Biscoe" , "Council Member Chris Riley" , "Council Member Bill Spelman" , "Austin Mayor Lee Leffingwell" , "Council Member Sheryl Cole" , "Council Member Laura Morrison" , "City of Austin Assistant Police Chief Sean Mannix" , "KEYE TV Anchor Judy Maggio" , "KEYE Investigative Reporter Lisa Kelly" , "Pedro GarciaKEYE TV" , "Texas Tenants Union" , "Austin Board of Realtors-Govt. Relations" , "CBS News '60 Minutes' Editors and Reporters" <60m@cbsnews.com>, "CBS News Story Ideas Editors" , "KVUE Television Newstips" , "Austin Chronicle Editors" , "Houston Chronicle Letters to the Editor" , "KLRU TV News Editors" , "Houston NBC Channel 2 TV News Team" , "DallasCountyDA'sOffice" , "Texas Tribune Editor in Chief Evan Smith" , "Texas Tribune Managing Editor Ross Ramsey" , "Texas Monthly Senior Editor Pat Sharpe" , "San Antonio Express-News Letters to Editor" , "WashingtonPostLettersEditor" , "U.S. Dept of Justice" , "FBI National Academy Officials" , "ACC Criminal Justice Dept. Chair Gerald Hildebrand" , "Belo Media CEO Dunia Shive" , "Outback Asst Mgr Nick Burton" , " Austin TXKXAN (NBC affiliate) TV News" , "KVUE TV News Dir. Frank Volpicella"

Date: Monday, August 6, 2012, 6:44 PM

To: Don Field, Open Records Coordinator, Austin Police Department, 715 East 8th Street, Austin, Texas, 78701.

Mr. Field's office phone number: (512) 974-5441.

August 6, 2012

Dear Open Records Coordinator Field,

This is a Texas Open Records request in which I seek to obtain from you a photocopy or computer printout of each of the following:

----any and all reports, memoranda, E-mail communications, letters, or handwritten notes written or generated at any time since January 1, 2011, by APD Sex-Crimes Unit Detective David Silva, or by any APD official who supervises or ever previously supervised Detective Silva in any context or at any time, and that, in each and every such case, specifically referred at least once to myself, John Kevin McMillan of Austin, Texas, in any manner or any context, or referred to any of the crime reports that I filed with APD at any time since January 1, 2011.

Among the crime reports I have filed with APD in the period since January 1, 2011, that each specifically refer to factual evidence I've obtained or identified about one or more alleged illegal intruders allegedly having illegally entered my bolt-locked one-bedroom apartment unit at Wind River Crossing Apartments in northwest Austin or allegedly having subjected me to alleged personal injury or alleged molestation of myself, John Kevin McMillan, during my nocturnal slumber as I slept alone on my orthopedic Swedish bed inside my vaulted-ceiling, top-floor, one-bedroom apartment unit at Wind River Crossing Apartments, are:

APD Crime Report Number 11-1180447, filed by me on April 28, 2011;

APD Crime Report Number 11-1471240, filed by me on May 27, 2011;

APD Crime Report Number 11-2260947, filed by me on August 14, 2011;

APD Crime Report Number 11-2390973, filed by me on August 17, 2011;

APD Crime Report Number 11-5040393, filed by me on August 24, 2011;

APD Crime Report Number 11-3230547, filed by me on November 19, 2011;

APD Crime Report Number 11-3550615, filed by me on December 21, 2011, with APD Officer J. Guzman (APD employee ID number 4611) visiting my apartment unit on behalf of APD in response to that crime report from myself;

and APD Crime Report Number 12-0431628, filed by me on February 12, 2012.

Specifically EXCLUDED from the scope of this public-informaton request are any of the letters or E-mail letters that were written by myself, John Kevin McMillan of Austin, or any of the phone messages per se that were left by myself, John Kevin McMillan of Austin.

---any personnel record of each and every one of the disciplinary actions, if any, that were ever at any time pursued against or imposed on Detective David Silva by any APD official (with any such APD official, if applicable, possibly having included the Chief or Police or an Assistant Chief of Police or any other APD official supervising the job performance of Det. Silva), or by the Austin City Council or by the City Manager of Austin or by any Assistant City Manager of Austin, or by any other person or entity, on any occasion since David Silva first became employed by or with the Austin Police Department, regardless of the year when Silva began his employment with APD, regardless of the job title held by David Silva of APD at the time of any such possible disciplinary action against David Silva.

---the current job title of APD Detective David Silva, along with a complete description of each and every one of Det. Silva's current job-related duties for APD or for the City of Austin.

On behalf of this request, I would like to poltely remind your very influential Austin Police Department that I have myself resided alone as the sole approved current occupant of my apartment unit (Apt. 325) at Wind River Crossing Apartments ever since May 31, 2011, most recently. I previously resided alone as the sole approved occupant inside this same apartment unit (Apt. 325) from January 2002 until mid-April 2011.

Wind River Crossing Apartments, a nice large apartment complex in northwest Austin, are reportedly owned and managed by a for-profit Dallas-based corporation that is apparently named either "Westdale Asset Management" or "Westdale Properties" of Dallas, Texas.

Mr. Field, I want to thank you in advance for your very thorough and polite and helpful and reliable reply letter in response to this most recent public-information request from myself that I've submitted to you today.

Incidentally, please let me know as soon as possible if you determine that the fee you will be charging me in exchange for your providing me with any and all documents responsive to this Texas Open Records request, is expected to be more than $10.

Sincerely and Best Wishes,

John Kevin McMillan, a consistently civil and law-abiding and tactfully honest, gainfully-employed, facially-cleanshaven, clean-talking, tattoo-less, HIV-negative,
lifelong non-Christian, implicitly-deistic (non-atheistic, non-agnostic), single adult gentleman who myself lives alone in my bolt-locked apartment as the ONLY approved tenant or occupant of my apartment. I might add that I'm also a former full-time newspaper reporter, and a former full-time employee in Austin of three respective law-enforcement agencies of the State Government of Texas. I'm also a former individual dues-paying member in Austin of the Texas Restaurant Association.

My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.

Home phone: (512) 342-2295.

My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

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