Friday, March 25, 2016

AUSTIN POLICE DEPARTMENT (APD) ON MARCH 8, 2016, CITES A FEB. 2016 APD E-MAIL REPLY LETTER TO JOHN KEVIN McMILLAN OF AUSTIN IN A FOLLOW-UP OFFICIALLY SIGNED AND CERTIFIED APD STATEMENT TO THE ATTORNEY GENERAL OF TEXAS --- AN APD FOLLOW-UP STATEMENT CLAIMING THAT APD CHIEF ART ACEVEDO HAS NO CURRENT BAN ON JOHN KEVIN McMILLAN OR ANY OTHER AUSTIN RESIDENT DIRECTLY CONTACTING CHIEF ACEVEDO AT APD HEADQUARTERS AT ANY TIME




(EDITOR'S NOTE: THE OFFICIAL E-MAIL ADDRESS FOR AUSTIN POLICE CHIEF ART ACEVEDO IN AUSTIN, TEXAS, USA, IS: "Art.Acevedo@austintexas.gov". THE OFFICIAL APD OFFICE PHONE NUMBER FOR CHIEF ACEVEDO IS (512) 974-5030, ACCORDING TO AUSTIN-BASED 311 TELEPHONE INFORMATION SERVICE STAFF MEMBER MELASSA ON MARCH 25, 2016.

THE OFFICIAL APD FAX NUMBER FOR AUSTIN POLICE CHIEF ART ACEVEDO IS 512-974-6811, ACCORDING TO KATHERINE, A VERY HELPFUL 311 TELEPHONE INFORMATION SERVICE STAFF MEMBER, WHO HERSELF DIRECTLY CONTACTED CHIEF ACEVEDO'S OFFICE ON MARCH 25, 2016, TO OBTAIN THAT FACTUAL INFORMATION. THE MAILING ADDRESS AND STREET ADDRESS FOR APD HEADQUARTERS IN DOWNTOWN AUSTIN IS: 715 EAST EIGHTH STREET, AUSTIN, TEXAS, 78701. -- jkm)

The following is a signed March 8, 2016-dated written statement to the Attorney General of Texas in Austin from Ms. Renee Moore, a female public information officer for the Austin Police Department:

"I, Renee Moore, as officer for public information for Austin Police Dept., certify that I have conducted a good faith search of information that this governmental body owns, controls, or has a right of access to, and I have found no such information that is responsive to the (January 24, 2016-dated public information) request of John K. McMillan.

"Mr. McMillan was sent an email on 2/4/16 advising that no list, policy or decision information (relating to a possible ban on John Kevin McMillan of Austin or any other Austin resident directly contacting APD Chief Art Acevedo at any time) was found.

"Renee Moore(,) Public Information Officer

"3/8/16(,) Date"

_____

(From:) Moore, Renee (at her official APD E-mail address of "Renee.Moore@austintexas.gov")

Date: Feb. 4 (2016) at 12:15 p.m.

To 'mcmillanj@att.net' (personal E-mail address for John Kevin McMillan of Austin, Texas)

(Subject:) ORR (Open Records Request) #1-01421

On Thursday, February 4, 2016 12:15 PM, "Moore, Renee" wrote:

We are in receipt of your (January 24, 2016-dated) open records request for a list of Austin residents banned from ever directly contacting Chief Acevedo in any context or at any time. You additionally requested the applicable policy or decision by Chief Acevedo that prohibits a cited individual from making any future phone calls or sending emails or letters to the Chief.

A thorough search of records provided no responsive information.

Renee Moore
Open Records
Austin Police Department

____

On Sunday, January 24, 2016 12:24 AM, John McMillan wrote:

January 24, 2016

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

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all telephone messages, memoranda, confidential memos, in-house communications, reports, letters, E-mail letters, or other legal documents currently on file with your municipal law-enforcement agency in Austin, and that, in each and every such case, directly refer in writing to any currently applicable policy or decision by Austin Police Chief Art Acevedo in which Chief Acevedo prohibits a cited individual or group of individuals or employer or media company or business or corporation or organization or educational-services provider or political action group or religious group or other non-profit group or law firm or attorney from making any future phone call directly to Chief Acevedo, or, in some cases, from ever again writing and sending or mailing any E-mail letter or letter to Chief Acevedo.

Art Acevedo reportedly assumed office as Austin's Chief of Police on July 19, 2007.

Art Acevedo previously served as a high-ranking official of the California Highway Patrol in California.

On April 28, 2009, I was informed (see legal document below) on the telephone at between 3:40 p.m. and 3:50 p.m. that day inside my rental apartment unit, Apartment 325, at Wind River Crossing Apartments, 11411 Research Boulevard in northwest Austin, by Ms. Stephanie Hernandez, an executive assistant to Chief Acevedo, that Chief Acevedo prohibits myself, John Kevin McMillan of Austin, from ever again writing directly to Chief Acevedo in any context, or from ever at any time myself making a phone call directly to Chief Acevedo in any context.

That "No Calls, No E-mails" policy toward me by Chief Art Acevedo has prompted me to wonder I am the only current resident of Austin for whom a ban on direct communications from me of either type has been imposed by our city's police chief. I seek to learn through this public-information request which other Austin residents are also currently each being banned from ever directly contacting Chief Acevedo in any context or at any time during his tenure in office as Chief of Police for the City Government of Austin.

As you know, I myself do not have any criminal-conviction record. I am a dependably civil and law-abiding, gainfully-employed, always-sober (no drinking alcohol consumption, no illicit-drug consumption), single adult white non-Hispanic, lifelong-non-Christian gentleman in Austin.

I hope to hear from you soon in response to this public-information request from myself.

Incidentally, please let me know as soon as possible if you anticipate that the administrative processing fee you would charge me for complying in full with this public-information request of mine is expected to exceed $20.00. That information will then give me the opportunity to consider narrowing the scope of this request in order to reduce the financial expenses I incur from submitting this public-information request to your municipal government agency in Austin, Texas.

Sincerely and Best Wishes,

from John Kevin McMillan, a former full-time employee in Austin of the Texas Department of Public Safety state agency, the Texas Board of Pardons and Paroles state agency, and the Texas Department of Criminal Justice state agency, respectively. I am also a former full-time newspaper reporter who had a very fine accuracy record in my reporting for a variety of newspapers in Texas and other U.S. states.

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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John Kevin McMillan: A 21st Century Conservative Left-...
On Wednesday, September 17, 2014 1:08 PM, "Godfrey, Elizabeth" wrote: Mr. McMillan, I no longer work with the City’s Public Information Office.
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John Kevin McMillan

On Tuesday, May 12, 2009 8:08 PM, John McMillan wrote:

To: Mr. Don Field,
Open Records Coordinator,
Austin Police Department,
City Government of Austin,
715 East 8th Street,
Austin, Texas 78701
(Or: P.O. Box 689001, Austin, Texas, 78767)
Office phone: (512) 974-5441 and (512) 974-5017

May 12, 2009

Dear Mr. Field,

This is a Texas Open Records request in which I seek to obtain from you a photocopy of any and all letters, notes, reports, memoranda, handwritten notes, phone messages, computer correspondence, legal documents, published items, or any other items, generated or received or authored or written or noted at any time since Art Acevedo assumed office as City of Austin (TX) Chief of Police on July 19, 2007, and that, in each such case, refers to myself, John Kevin McMillan, in any manner or any context (including through the possible use of a nickname or code name or moniker or abbreviated name for myself), and that, in addition, was at any time since July 19, 2007, contained in the files of, or was on file with, or was sent or authored or compiled or received or generated by:

---Austin (TX) Police Chief Art Acevedo;

---Ms. Stephanie Hernandez, a female staff member who identified herself to me on the telephone as being herself employed in the Office of the Chief of Police in Austin, Texas, this during an afternoon phone conversation she had with me on April 28, 2009, and who herself had left an unsolicited phone message with me at 12:57 p.m. April 28 in which Ms. Hernandez asked me to give her a phone call at her office phone number of (512) 974-5051, without at that time citing an explanation for her request that I return her phone message to me.

---a cited Austin Police Department Officer "Johnson" (sp?) who left a phone message with me at 11:07 a.m. May 1, 2009, in which Officer Johnson stated that he works with a cited "Crisis Intervention Team" and that the Austin Police "Chief's Office" had asked Officer Johnson to give me a phone call to determine whether he could "help you (John Kevin McMillan) out." Officer Johnson then stated in that phone message that his own office phone number in Austin is: 854-3442.

ALSO INCLUDED IN THE SCOPE OF THIS PUBLIC INFORMATION REQUEST ARE any reports, findings, conclusions, memoranda, letters, E-mail correspondence, phone messages, reports, or other items that were written or noted or generated or received or sent at any time since February 15, 2009, by any officer or investigator or staff member or administrator for the Austin Police Department, and that, in each such case, relates in any way to any item discussed or examined or studied or reviewed or investigated during an approximately 40-minute visit to my private residence by Austin Police Department (APD) Officer Joe Price, APD Detective Jeff Gross, and APD Officer Wes William on the night of Tuesday, February 24, 2009.

That visit inside my private residence from about 9:30 p.m. until 10:10 p.m. February 24, 2009, by all three of those three APD police officers occurred after I filed a criminal-law complaint on the telephone at 7:45 p.m. on February 24, 2009, with the Austin Police Department. Austin Police Department reportedly assigned that complaint from myself as Case # 090551846.

Included among the topics discussed during that February 24 meeting inside my private residence was a cited criminal-law file relating to myself, John Kevin McMillan, and cited evidence of others' possible or alleged criminal intent or harmful intent toward me. That criminal-law file relating to myself as a cited victim was formally established by the Travis County District Attorney's Office Strategic Prosecution Division in January of 2006. I mentioned all of this information to the three APD police officers during that meeting they had with me inside my residence on February 24. The contact person in regard to that cited "John McMillan File" at the DA's Office in Austin, Texas, is Ms. Norma Hilbig of the Strategic Prosecution Division, as I also mentioned to the three Austin police officers who met with me inside my residence during that February 24, 2009, visit by those representatives for the Austin Police Department.

I should mention that my legal name is John Kevin McMillan. I was born April 27, 1957, at Lincoln, Nebraska. My social security number is .... I have resided at 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, ever since early 2002. I am a gainfully employed single adult gentleman, and these days I am exclusively employed at two different chain restaurants in the Austin area.

Among the insights I hope to glean from this Texas Open Records request are:

---Is there any evidence indicating that Austin Police Chief Acevedo exhibits any possible antipathy toward me that relates in any way to my own religious or political or philosophical or moral or personal beliefs?

---Is there any evidence indicating that Austin Police Chief Acevedo is aware that two other government agencies in Austin (the Travis County District Attorney's Office Strategic Prosecution Division and the Texas Workforce Commission state agency, respectively) in recent years have each classified reported conduct by others citedly victimizing myself in Austin, Texas, as being or as having been an apparent "criminal-law" matter, in the stated view of that government agency.

---What prompted APD representative Stephanie Hernandez, an individual whom I had never met before or spoken with before on any prior occasion that I can recall in my entire life, to herself on April 28, 2009, leave an unsolicited phone message on my personal voice mail for my home phone line in northwest Austin?

---What prompted APD representative Stephanie Hernandez to advise me on the telephone between 3:40 p.m. and 3:50 p.m. April 28, 2009, that I myself should report to a "Human Resources" officer for my private-sector employer any and all anonymous-communications verbalized death threats to which I myself am ever subjected against my wishes at my workplace in Austin, she stated to me in that phone conversation, according to legal notes I jotted down during that conversation.

---What might explain the emphatic recent request of me on the telephone in late April 2009 by Stephanie Hernandez, herself reportedly an executive assistant to Austin Police Chief Acevedo, that I myself should never again send Austin Police Chief Acevedo a carbon-copy of any future Open Records request of mine to any government-owned institution or public agency, regardless of whether that public-information request from myself referred to a cited "criminal-law" matter, Ms. Hernandez also indicated to myself.

---Why is it that Austin Police Chief Acevedo is the only police chief in the entire world who at any time during my entire life thus far, has himself prohibited me from sending that police chief any more E-mail correspondence of any type?

---Is Austin Police Chief Art Acevedo aware that the Austin-based Director of the Texas Department of Public Safety, Colonel Thomas Davis, and the Federal Bureau of Investigation federal agency in Washington, D.C., and the police department for The University of Texas at Austin, each continue to accept E-mail letters of complaint from myself relating to possible criminal-law conduct occurring or evidenced in Austin, Texas.

---Is Austin Police Chief Acevedo or any other official of the Austin Police Department aware that I myself have been victimized by injurious noise pollution in Austin, Texas, that I did not generate and that I myself never requested or authorized at any time.

---Is Austin Police Chief Acevedo aware that I have repeatedly complained to the Austin Police Department in recent years about noise pollution injurious to myself in Austin, Texas?

--Why did Stephanie Hernandez on behalf of the Austin Police Department state to me during our phone conversation between 3:40 p.m. and 3:50 p.m. April 28, 2009, that I myself cannot file any criminal-law complaint with APD relating to citedly "illegal" noise pollution victimizing myself, John Kevin McMillan, in Austin, Texas, unless I can myself first identify to the Austin Police Department a suspected source of that illegal noise pollution, she also stated to me in that phone conversation.

---Is APD Chief Art Acevedo aware that the Austin Police Department has in the past sometimes on its own initiative filed criminal-law charges and pursued criminal-law investigations relating to alleged sources of illegal noise pollution determined to be injurious to someone inside Austin, Texas, even if the person situated in Austin who was victimized by that noise pollution had not yet himself filed a formal complaint identifying an alleged violator of the law in that context.

----Is Austin Police Chief Acevedo aware that I have repeatedly and over a multi-year period shared with the Austin Police Department medical findings by a local ear, nose, and throat specialist, Dr. David Tobey, which have stated that noise pollution occurring in Austin, Texas, against my own wishes, has been significantly injurious to my own hearing capacity and medical health over a multi-year period.

--Is Chief Acevedo aware that Dr. David Tobey has been provided by myself with full prior written authorization to share with Chief Acevedo any and all of Dr. Tobey's medical findings about medical injury to myself, John Kevin McMillan of Austin, resulting from noise pollution in Austin over a multi-year period.

---Is Austin Police Chief Art Acevedo aware that the Attorney General of the State of Minnesota a few years ago sent me a signed reply letter on official State of Minnesota stationery, advising me to myself contact the Austin Police Department in regard to noise pollution allegedly injurious to myself in Austin, Texas.

---Is Austin Police Chief Acevedo aware that highly-esteemed ear, nose, and throat specialist Dr. David Tobey of Austin has determined for me this year that permanent damage over a recent multi-year period to my own hearing capacity and medical health caused by noise pollution in Austin, Texas, is comparable in magnitude to the permanent medical damage inflicted on the hearing capacity of a "police officer" through his career pursuits, Dr. Tobey informed me in person earlier this year during my most recent medical appointment with Dr. Tobey.

---Does the Austin Police Department have any factual evidence indicating the possible or definite identity of the alleged perpetrator of injurious noise pollution inflicted on myself against my wishes in Austin, Texas, regardless of whether that cited source is a media company, a self-described "communications service," a cited "employer" of mine, a "civic group," a "religious group," a "political group," an attorney, a law firm, an individual, such as a self-described "relative" or a self-described "acquaintance" or "former roommate" of mine, or a government-owned institution.

---What prompted an official of the Office of the Chief of Police to reportedly ask a representative for the "Crisis Intervention Team," Officer Johnson, to give me a phone call on May 1 of this year?

---Is there any legal evidence indicating that any official of the Austin Police Department fails in any way to fully acknowledge that I myself, John Kevin McMillan, am consistently law-abiding and creatively talented, that I myself have no criminal-conviction record, and that I myself am consistently civil and honest and intelligent, and that I myself am psychologically healthier than the vast majority of all adult Austin residents.

----Is there any legal evidence indicating that any official of the Austin Police Department fails to fully acknowledge that I am permanently alcohol-free (ever since 1990, in fact) and never-previously-addicted, I am lifelong-tobacco-free, I am permanently illicit-drug-free (ever since 1984, in fact) and never-previously-addicted, that I myself am permanently tattoo-less on a lifelong basis, that I myself am emphatically non-sadomasochistic (I don't beat or whip, for instance, and I don't permit any other person to beat or whip myself), that I myself never wear any jewelry of any type (other than my watch), that I myself am recently-certified-HIV-negative, that I myself am fully ambulatory, that I myself am facially cleanshaven (no facial hair), that I myself am masculine and platonically polite and gentlemanly in my personal and professional style?

---Does the Austin Police Department fail to fully acknowledge that I myself am a morally and aesthetically straight single adult gentleman, and that my greater emotional and aesthetic and overall personal identification with, and own personal and moral and emotional and intellectual and cultural affinity for, and my own greater personal receptiveness as a human being toward, a higher percentage of all masculine and cleancut heterosexual adult men (as distinct from other cited subpopulations of adult male persons), is a law-abiding affinity and accompanying law-abiding conduct on my own part that is legally protected and Constitutionally protected by the U.S. Bill of Rights.

Thank you in advance, Mr. Field, for what I feel hopeful will be a very thorough, very diligent, very reliable, and very informative response by yourself to this Open Records request from myself.

Sincerely,

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: Austin Mayor-Elect Lee Leffingwell.
Travis County Commissioner Sarah Eckhardt.
State Rep. Donna Howard.
State Rep. Kirk Watson, a former Mayor of Austin who might be concerned about noise pollution injurious to myself in Austin, Texas, that I myself have repeatedly complained about to City of Austin and Austin Police Department officials.
Personal Injury Attorney Gerson, who has been a recent President of Public Justice non-profit organization.
Federal Law Enforcement Officers Association.
Federal Bureau of Investigation officials.
Commission on Accreditation of Law Enforcement Agencies.
Several honorable cited legislators who are each distinguished members of the Texas House Committee on Law Enforcement of the Texas Legislature.
University of Texas at Austin Police Department, UT-Austin.
Lee Smith, Associate Vice President for Legal Affairs, UT-Austin.
Austin Community College Officials, Austin, Texas.
Texas Workforce Commission Officials, Austin.
Travis County District Attorney Rosemary Lehmberg.
Ms. Norma Hilbig, who confirmed for me in writing in a recent prior year that she had formally established a "John McMillan" criminal-law evidence pre-prosecution file to be consulted by the District Attorney in filing criminal-law charges at some future date shortly after evidence of a felony crime victimizing myself, John Kevin McMillan, is ever at any time obtained by the DA's Office at any time, she helpfully assured me.
Texas Department of Licensing officials, Austin.
Ms. Elizabeth Rogers, General Counsel, State Bar of Texas state agency, Austin.
Congressman Michael McCaul, U.S. Congress.
National Center for Victims of Crime.
Noise Free America officials, Madison, Wisconsin.
National Crime Prevention Association Director Patrick Harris.
Freedom of Information Foundation of Texas, which recently sent me a helpful reply E-mail letter relating to Austin, Texas, that I greatly appreciated.
Travis County Judge Sam Biscoe.
Minnesota Democratic and Republican Party officials, who might be interested in noting that this public-information request from myself paraphrases a signed reply letter I received a few years ago from the Attorney General of Minnesota.

John Kevin McMillan

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