(From:) Daily Texan Editor (at that student newspaper Editor in Chief's official E-mail address of: "editor@dailytexanonline.com")
(Date and Time:) 02/26/08 at 8:00 a.m.
(To:) John McMillan (at my own personal E-mail address of: "mcmillanj@att.net")
On Tuesday, February 26, 2008 8:00 AM, Daily Texan Editor
Hi John,
I am curious exactly what is the basis behind this request. Do you mind briefly explaining what prompted this?
Thanks,
Claire
On Feb 26, 2008, at 12:55 AM, John McMillan wrote:
A respectful FYI to each of your respective influential news publications in Austin, Texas, on the following newsworthy legal corrrespondence of mine with the Austin Police Department,
from former "Daily Texan" UT-Austin Administration-Beat reporter, UT-Austin alumnus, and current Ex-Students Association member John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295.
Note: forwarded message attached.
John Kevin McMillan
From: John McMillan
Date: February 25, 2008 11:01:46 PM CST
To: webmaster@doc.gov
Subject: Fwd: 2-25-08 APD Open Records request
I am very hopeful that Civil Rights Division Officers for the U.S. Department of Commerce will be willing to review the following February 25, 2008-dated legal correspondence of mine with the City Government of Austin in Austin, Texas, that refers or alludes to one or more possible business entities that allegedly have inflicted illegal and injurious noise pollution on myself over a multi-year period in Austin, Texas.
Sincerely,
John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295.
Note: forwarded message attached.
John Kevin McMillan
From: John McMillan
Date: February 25, 2008 10:52:46 PM CST
To: National Assoc of Police Chiefs
Subject: Fwd: 2-25-08 APD Open Records request
Dear Very Influential Civic and Cultural and Governmental Leaders,
I hope very much that each of your noble organizations or agencies or media companies will be interested in the following (attached) Texas Open Records public-information request that I wrote and E-mailed earlier today to City of Austin (TX) Police Department Open Records Coordinator Don Field in Austin, Texas.
Please note that my public-information request is focused on documents received or generated by a high-ranking officer based in the Office of the Chief of Police for the City Government of Austin in Austin, Texas.
I would appreciate a written response from any of you about any aspect of this E-mail request, including the information I cite about year-round noise pollution in Austin, Texas, that I myself did not generate, and which over a multi-year period has been recently documented by a medical physician in Austin----Dr. David Tobey, a very distinguished ear, nose, and throat specialist based in northwest Austin---as having been significantly injurious to myself.
Sincerely and Best Wishes,
University of Texas at Austin alumnus, former "Daily Texan" student newspaper reporter, and current Ex-Students Association member John Kevin McMillan of Austin, Texas, U.S.A.
Home phone: (512) 342-2295.
Note: forwarded message attached.
John Kevin McMillan
From: John McMillan
Date: February 25, 2008 1:35:23 PM CST
To: APD Open Records Coordinator Don Field
Subject: 2-25-08 APD Open Records request
To: Mr. Don Field,
Open Records Coordinator,
Austin Police Department,
City Government of Austin,
P.O. Box 689001,
Austin, Texas, 78768-9001
Office phone: (512) 974-5441
February 25, 2008
Dear Open Records Coordinator Field,
This is a Texas Open Records request, in which I seek to obtain from your municipal law-enforcement agency in Austin, Texas, a photocopy of any and all computer records, phone messages, handwritten notes, typed notes, word-processed items, computer printouts, printed reports or other printed items, reports, memoranda, E-mail correspondence, letters, or any other documents that were sent or received or stored or written or noted, or generated, at any time since January 1, 1997, by or for or to or on behalf of Officer Larry Oliver, whether in his current high-ranking position as a Commander based in the Office of the Chief of Police of Austin, or in any previous title Officer Oliver has held while being employed by the Austin Police Department, and that, in each such case, refers to myself, John Kevin McMillan, in any manner or any way, such as through the use of a nickname or abbreviated reference to myself.
Attached (see last item, below) is an example of a follow-up communication that I wrote and E-mailed to Commander Oliver earlier this month. I also sent to Commander Oliver at least one other E-mail letter this month, relating to recent medical findings by Dr. David Tobey, an ear, nose, and throat specialist based in northwest Austin, that my own medical auditory health in Austin, Texas, has been significantly harmed on a multi-year basis by noise pollution in Austin that I myself am not the source of, Dr. Tobey has helpfully indicated. I have been examined by Dr. Tobey several times in the last several years at his medical clinic situated along Angus Road in northwest Austin.
Also included in the scope of this Open Records request is a legal record currently on file with any office of the Austin Police Department that cites each of the job duties or responsibilities held at any time since February 1, 2008, by APD Commander Larry Oliver in any position of employment with the Austin Police Department and/or the City Government of Austin that Commander Oliver has held at any time this month.
My legal name is John Kevin McMillan. I am a gainfully-employed, honest and law-abiding, lawfully non-Christian and implicitly as well as rationally deistic, consistently civil, permanently illicit-drug-free, permanently alcohol-free, politically and religiously Prohibitionist (anti-alcohol), permanently tobacco-free, tattoo-less, jewelry-less, facially cleanshaven, clean-talking, platonically polite, lawfully heterophiliacal and pro-masculine, politely aggressive (as distinct from passive or predatory or militant, for instance), morally and aesthetically straight, medically healthy, fully ambulatory, disease-free, HIV-negative, platonically masculine, non-sadomasochistic, longtime celibate, single adult gentleman.
I have no criminal-conviction record, and there are no legal charges pending against myself, as the Austin Police Department and the Texas Department of Public Safety have confirmed for me in recent years. During the period since January 1, 1997, I did not at any time authorize any anonymous communications or any fraudulent or dishonest communications to myself or any impingements upon my own privacy rights or any electronic surveillance of myself or any videotaping or filming or televising of myself in any context, nor did I ever at any time authorize any mental-health services of any type that would involve myself in any way.
My social security number is .... I was born on April 27, 1957, at Lincoln, Nebraska. I was Salutatorian in May 1975 of the graduating class of Stephen F. Austin High School of Austin Independent School District in Austin, Texas. I am an alumnus of The University of Texas at Austin, having graduated from that State of Texas-owned public university in May of 1979 with a Bachelor's of Arts degree.
I am a former full-time employee in Austin, Texas, of the Texas Department of Criminal Justice, the Texas Board of Pardons and Paroles, and the Texas Department of Public Safety.
I have resided alone at 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759, ever since early 2002. I have resided at a variety of residences inside Austin proper in Texas on a continuous basis ever since mid-March of 1997, when I most recently moved back to Austin, Texas.
My personal E-mail addresses in recent years have been: mcmillanj@att.net and, before that, jkmcmil@texas.net.
I resided in an apartment unit in Palestine, Texas, in early 1997, immediately before my move back to Austin in March of that year. My apartment address in Palestine was: 209 East Pine Street, Apartment 1, Palestine, Texas, 75801.
Among my prior residential addresses and mailing addresses in Austin, Texas, in the period since January of 1997 have been: P.O. Box 11517, Austin, Texas, 78711; 11411 Research Boulevard, Apt. 1638, Austin, Texas, 78759; 2518 Leon Street, Apartment 101, Austin, Texas, 78705; El Rio Apartments, 2405 Rio Grande Street, #213, Austin, Texas, 78705; Peppertree II Apartments, 408 West 37th Street, Apt. 102-B, Austin, Texas, 78705; and Camino Real Apartments, 2810 Salado, Apt. 127, Austin, Texas, 78705.
Among my current or former relatives are: Dr. Calvin McMillan and Mrs. Phyllis McMillan, my biological parents who raised me inside their family home at 418 Ridgewood Road in Westlake Hills, Texas, for the vast majority of all of my youth; my biological sister, Julie McMillan, whose reported married name is Julie McMillan Lechtenberger, her cited husband being State Bar of Texas member and attorney J. Dean Lechtenberger of the Houston area; my biological brother Kent McMillan; and my biological brother Dr. Michael McMillan.
My brother Kent McMillan is married to a woman with an academic degree in social work named Sara..., and that married couple own and reportedly reside in a home in Westlake Hills, Texas. My brother Michael McMillan currently resides in the Los Angeles area of California, he has stated to myself in recent months.
Other cited relatives of mine include: Cousin Ron Orr, a nephew of my father, with Cousin Ron Orr's reported residence being in North Las Vegas, Nevada; Ms. Cathy Gardner, a female cousin of mine who has identified her legal name in more recent years as "Kit" Gardner Bell or "Kit" Bell, herself a resident of another U.S. state; Cousin Vern or Vern Allen Miller of Iowa; Cousin Karen Miller (maiden name); Cousin Linda Miller, a medical nurse I have never met in person at any time who reportedly resided in the Baltimore area of Maryland in a recent prior year, and possibly at present as well; Jim Dane, a farmer cousin of mine who resides in the Iowa City area of Iowa; Jack Dane, a cousin of mine who resides in Bettendorf, Iowa, and who is himself an attorney; Allegra Dane, an aunt of mine and married woman who along with her husband, Uncle John Dane, maintains a permanent residence in the Iowa City area of Iowa and a winter residence in Florida; and a female cousin of mine, Jo Ann Gardner (maiden name) of California, who in more recent years has identified her married name to me as being Jo Ann Ensminger.
Cousin Jim Dane of the Iowa City area of Iowa on his own volition stated to me over the telephone in the late 1990s or in 2001, to the best of my recollection, that Cousin Jim Dane had reason to believe that one or more persons in Central Texas during that time period were pursuing actions harmful and injurious to myself, John Kevin McMillan, Cousin Jim Dane stated to me that day. Cousin Jim Dane emphasized to me in that very same phone conversation, or shortly afterward, that because of that possible alleged criminal-intent evidence in the Austin area of Texas that Cousin Jim Dane had himself referred to in that phone conversation, Cousin Jim Dane of the Johnson County, Iowa (the Iowa City area) encouraged me to myself, John Kevin McMillan, maintain close communications on my own initiative with local law-enforcement agencies in Austin, Texas, during that period ---- communications from myself with law-enforcement agencies in Austin in which I would be expected by Cousin Jim Dane to share possible criminal-law legal evidence with the Austin Police Department, for instance, Cousin Jim Dane indicated to me.
Thank you in advance for your prompt and very thorough and reliable response 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
------------------
Date: Fri, 8 Feb 2008 14:02:19 -0800 (PST)
From: "John McMillan"
Subject: 2-8-08 follow-up letter re: City of Austin
To: larry.oliver@ci.austin.tx.us, "Council Member Dunkerley"
To: Commander Larry Oliver, Office of Austin Police Chief Art Acevedo, Austin Police Department (APD), City Government of Austin, Austin, Texas
Friday, February 8, 2008
Dear Commander Oliver,
Thank you for authorizing me this afternoon over the telephone to send you a follow-up letter relating to the noteworthy statements you made to me over the telephone today.
Commander Oliver, I would appreciate your simply confirming for me, through a brief courtesy reply E-mail note about this, that you did in fact state to me the following over the telephone today during an official phone call that you made to my private residence at about 2:15 p.m. today (Friday, February 8, 2008):
---the Austin Police Department has no record of any adjudication or any legal actions or any legal restrictions of any type that have ever restricted my own legal rights in any way relating to my own cited "mental health" or perceived "mental health" status of any type.
---I, John Kevin McMillan of Austin, am not under any mental health commitment or any mental-health-related legal restrictions of any type, nor am I legally required to myself participate in or be subjected to any mental-health services of any type.
---The cited June of 2004 E-mail APD correspondence about myself from APD Northwest Support Lieutenant Van Cearley --- correspondence that I obtained last year from the City of Austin through an Open Records request reportedly received by the City of Austin on January 21, 2007-----and that referred to myself, John K. McMillan, as reportedly being "emotionally disturbed," was not accurate and is not applicable at present in any way.
---Lt. Van Cearley has retired from the Austin Police Department, and is no longer employed by that municipal law-enforcement agency.
---No mental health officer for the Austin Police Department of whom you yourself are aware has any current relationship with myself, John Kevin McMillan, in any way, or has any currently authorized involvement of any type in any aspect of my own life or life circumstances, you also indicated.
---An assistant City Attorney for the City Government of Austin whom you spoke with this week, the name of whom you did not cite to me, told you that that Assistant City Attorney declines to write and send to myself, John K. McMillan, a follow-up letter providing me with legal assurances in regard to cited concerns of mine about any possible alleged legal restrictions upon myself in Austin, Texas.
---I, John K. McMillan, definitely have the legal right to myself exclude ANY cited person from my own personal life, you again emphasized to me today, as you had previously stated to me earlier this week over the telephone.
---I, John Kevin McMillan, am not restricted in any way in regard to my own legal right to myself file a successful legal complaint against any person or business or other entity that allegedly subjects me to, or allegedly has subjected me to, noise pollution --or that otherwise wrongs me in a manner violative of the law---that appears to be in violation of the law.
Thank you again, Commander Oliver, for taking the time to offer me these assurances about my own legal rights and my own legal status in Austin, Texas. I look forward to your courtesy reply E-mail letter, simply confirming for me in writing that I have, in fact, accurately paraphrased the statements you made to me today over the telephone.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Phone: (512) 342-2295.
E-mail: mcmillanj@att.net
cc: Mayor Pro Tem Betty Dunkerley, City of Austin, Austin, with a special thank you to Mayor Pro Tem Dunkerley for helping me to obtain this reassuring legal information, though I remain disappointed that no written statement offering me these types of assurances or any apology letter on behalf of the City of Austin has been provided to me thus far by the City Government of Austin or the Austin Police Department.
Austin Police Chief Art Acevedo, Austin Police Department, City of Austin, Austin.
KVUE Television News Editors, KVUE Television News, Austin, with a special thank you to the KVUE official who recently wrote me and expressed interest in pursuing a news story for KVUE TV about this cited legal matter relating to APD's conduct toward myself.
---
John Kevin McMillan
Claire Harlin
Editor — The Daily Texan
office: (512) 232-2212
cell: (512) 496-8557
editor@dailytexanonline.com
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