The United States Constitution Bill of Rights and American legal system do indeed fully protect my legal right:
---as a law-abiding and non-stalking HIV-negative, STD-free Austin resident to myself associate with other law-abiding and non-stalking members of the HIV-negative, STD-free community during my off-duty or leisuretime hours.
---as a law-abiding and non-stalking honest gentleman to myself associate during my off-duty or leisuretime hours with other law-abiding and non-stalking honest gentlemen and ladies.
---as a law-abiding and non-stalking permanently alcohol-free Austin resident to myself associate with other law-abiding and non-stalking members of the permanently alcohol-free community during my off-duty or leisuretime hours.
---as a law-abiding and non-stalking abstainer from marijuana, so-called "medical marijuana", and any and all illicit drugs, to myself associate with other law-abiding and non-stalking members of the anti-marijuana community, the anti-"medical-marijuana" community, and the anti-illicit-drug community during my off-duty or leisuretime hours.
----as a law-abiding and non-stalking facially cleanshaven (no facial-hair) gentleman to myself associate with other law-abiding and non-stalking facially cleanshaven (no facial hair) gentlemen during my off-duty or leisuretime hours.
---as a law-abiding and non-stalking abstainer from any and all tobacco products to myself associate with other law-abiding and non-stalking members of the tobacco-free community during my off-duty or leisuretime hours.
---as a law-abiding and non-stalking permanently tattoo-less gentleman to myself associate with other law-abiding and non-stalking tattoo-less gentlemen and law-abiding and non-stalking tattoo-less ladies during my off-duty or leisuretime hours.
---as a law-abiding and non-stalking gentleman who refrains from verbalizing profanity in my everyday conversations with others, to myself associate during my off-duty or leisuretime hours with other law-abiding and non-stalking gentlemen, and with law-abiding and non-stalking ladies, who each refrain from verbalizing profanity in their everyday conversations with others.
---as a law-abiding and non-stalking gentleman who fully honors other persons' legal right to reject me and exclude me in a law-abiding manner from their own life, to myself associate during my off-duty or leisuretime hours with other law-abiding and non-stalking gentlemen and ladies who each also fully honor other persons' legal right to reject themselves on an individual basis and exclude themselves in a law-abiding manner from their own life.
----as a law-abiding and non-stalking gentleman with no criminal-conviction record to myself associate during my off-duty or leisuretime hours with law-abiding and non-stalking gentlemen and ladies who each have no criminal-conviction record.
--May 20, 2016:
Assistant City Attorney Elaine Nicholson, in a May 20, 2016, signed legal letter to Texas Attorney General Ken Paxton, requests official permission from his state agency in Austin to withhold from public-information requestor John Kevin McMillan and the local news media several or more legal documents comprising "confidential communications between and amongst the Law Department (that each specifically refer to John Kevin McMillan of Austin, and that each occurred during the time period from Feb. 16, 2016, through 8 a.m. May 10, 2016.)."
The cited E-mail public information request from Mr. McMillan was officially received by the City Government of Austin on May 10, 2016, after Mr. McMillan E-mailed that request to the City on the night of May 9, 2016.
SEPTEMBER 8, 2015:
Assistant City Attorney Elaine Nicholson, in a signed three-page September 8, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin and that each occurred during the time period from June 10, 2015, through 8 a.m. August 24, 2015)."
The cited E-mail public-information request from Mr. McMillan was officially received by the City of Austin on Monday, August 24, 2015, after Mr. McMillan E-mailed that written request to the City on Sunday, August 23, 2015.
JUNE 24, 2015:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed June 24, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin and that each occurred during the time period from February 4, 2015, through 8 a.m. June 10, 2015)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on June 10, 2015.
MARCH 31, 2015:
City of Austin Law Department Assistant City Manager Elaine Nicholson, in a signed March 31, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst members of the Law Department (that each specifically refer to John Kevin McMillan of Austin and that each occurred during the time period from December 13, 2014, through 8 a.m. March 17, 2015)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on March 17, 2015.
(EXPLANATORY NOTE: The following is the text of a signed two-page legal letter that City of Austin Assistant City Attorney Elaine Nicholson wrote in response to a May 9, 2016-dated public-information request that Austin resident John Kevin McMillan wrote and E-mailed to the City Government of Austin. Austin is the capital city of Texas. Ms. Nicholson's May 20, 2016-dated legal letter, below, was addressed to Texas Attorney General Ken Paxton, whose state agency is headquartered in Austin. Ms. Nicholson also mailed a carbon-copy of her legal letter to the cited public-information requestor, John Kevin McMillan of Austin, Texas, and he received that legal document on May 23, 2016, through U.S. Postal Service mail delivery into his apartment unit's designated mailbox that day. THE ENTIRE TEXT OF JOHN KEVIN McMILLAN'S CITED MAY 9, 2016-DATED E-MAIL TEXAS OPEN RECORDS REQUEST TO THE CITY OF AUSTIN, ALONG WITH ALL CITED CARBON-COPY RECIPIENTS, IS PROVIDED BELOW AS THE VERY LAST ITEM IN THIS BLOG.--- jkm)
"City of Austin Law Department
"City Hall, 301 West 2nd Street, P.O. Box 1088
"Austin, Texas 78767-8828
"(512) 974-2268 (office phone)
"Writer's Direct (Phone) Line
"(512) 974-6463
"Writer's Fax Line
"(512) 974-6491
"May 20, 2016
"Honorable Ken Paxton
"Attorney General of Texas
"Open Records Division
"MC-014
"P.O. Box 12548
"Austin, Texas 78711-2548
"Re: Open Records Request from Mr. John McMillan received May 10, 2016. (Footnote: Mr. McMillan submitted his request by electronic mail on Monday, May 9, 2016, at 9:59 pm. The City's Administrative offices' business hours are from 8 am to 5 pm. Thus, Mr. McMillan's request was constructively received on Thursday, May 10, 2016.)
"Dear Attorney General Paxton,
"The City of Austin (the "City") received a request for information from Mr. John McMillan on May 10, 2016. Thus, today is the eighth business day since the City's receipt of Mr. McMillan's request. The City believes some of the information responsive to the request is excepted from disclosure under section 552.107 of the Government Code. This letter is a request for a determination under section 552.301 of the Government Code that some of the requested information is so excepted. Copies of the request and representative samples of the information at issue are enclosed.
"By copy of this letter the City is notifying the requestor that the City is seeking to withhold some of the responsive information represented by the enclosed samples and has asked for a decision from the Attorney General about whether this information is within an exception to public disclosure.
"Section 552.107(1) protects information coming within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6-7 (2002).
"First, a governmental body must demonstrate that the information constitutes or documents a communication....Second, the communication must have been made 'for the purpose of facilitating the rendition of professional legal services' to the client governmental body....The privilege does not apply when an attorney or representative is involved in some capacity other than that of providing or facilitating professional legal services to the client governmental body. ... Third, the privilege applies only to communications between or among clients, client representatives, lawyers, and lawyer representatives....Thus, a governmental body must inform your office of the identities and capacities of the individuals to whom each communication at issue has been made. Lastly, the attorney-client privilege applies only to a confidential communication,...meaning it was 'not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.'...Whether a communication meets this definition depends on the intent of the parties involved at the time the information was communicated....Moreover, because the client may elect to waive the privilege at any time, a governmental body must explain that the confidentiality of a communication has been maintained. Section 552.107(1) generally excepts an entire communication that is demonstrated to be protected by the attorney-client privilege unless otherwise waived by the governmental body..."
"The submitted information consists of confidential communications between and amongst the Law Department. These communications were made for the purpose of facilitating the rendition of professional legal services and the confidentiality of these communications has been maintained. Accordingly, the City believes that the information represented by the enclosed samples is excepted from disclosure under section 552.107(1).
"If you have any questions concerning this matter, please feel free to contact me at (512) 974-6463.
"Sincerely,
"Elaine Nicholson
"Assistant City Attorney
"cer/Enclosure
"cc: (without enclosures)
Mr. John McMillan
10926 Jollyville Rd., Bldg. 9, Apt. 902
Austin, TX 78759"
______
(THE FOLLOWING IS THE FULL EXACT VERBATIM TEXT OF THE ENTIRE MAY 9, 2016-DATED E-MAIL PUBLIC-INFORMATION REQUEST TO THE CITY OF AUSTIN BY AUSTIN RESIDENT JOHN KEVIN McMILLAN THAT PROMPTED THE CITY OF AUSTIN LAW DEPARTMENT TO REQUEST PERMISSION FROM TEXAS ATTORNEY GENERAL KEN PAXTON TO WITHHOLD SOME OR SEVERAL RESPONSIVE LEGAL DOCUMENTS FROM Mr. McMILLAN, THE GENERAL PUBLIC, AND THE NEWS MEDIA IN TEXAS. --- jkm)
5-9-16 City of Austin Law Dept. Open Records(10)
(From:) John McMillan (at E-mail address of: "mcmillanj@att.net")
(Date and Time:) May 9 (2016) at 9:59 PM
To City of Austin Open Records Coordinator Texas City Attorneys Assn. General Counsel Scott Houston Texas Legislative Council Legal Director Deborah Fulton Texas Legal legal-aid service (2015) Texas Rangers Division of DPS Governor's Office of Texas Open Records Administrator FBI Houston Bureau (2015) FBI Dallas Bureau U.S. Department of Homeland Security Lori Carter Roger Dean joe.ballesteros@traviscountytx.gov APD Officer James Turner david.escamilla@traviscountytx.gov Public Information tamara.smith@texasattorneygeneral.gov Rep. Naishtat Chief of Staff Dorothy Browne State Sen. Watson Constituent Services Dr. Gerson Texas City Attorneys Assn. Dir Stutes 2016 Texas City Attorneys Assn Dir Mims 2016 Texas City Management Assoc. Board Member Cantu (San Antonio) Texas City Attorneys Assn Dir Bojorquez 2016 Cedar Park (TX) City Manager Brenda Eivens (2014) Fort Worth City Manager David Cooke (2014) Dallas City Attorney's Office Dallas City Manager A.C. Gonzalez Outback Asst Mgr Nick Burton Trevor Glynn Eric Polak Yessenia (Denny's Lakeline) TRA General Counsel Kenneth Besserman Texas DPS Office of General Counsel TWC Ombudsman hway@law.utexas.edu smccown@law.utexas.edu UT System Vice Chancellor/General Counsel Barry Burghorf ACC President Richard Rhodes Superintendent TDCJ General Counsel Rep. Patricia Fleming Federal Law Enf. Officers Assn gerald.daugherty@traviscountytx.gov Travis County Judge Sarah Eckhardt State Bar of Texas Exec. Dir. Michelle Hunter StateComptrollerSusanCombs State Comptroller Criminal Investigations Division Chief Martin Cano Austin Mayor Steve Adler Austin City Council Member Ann Kitchen (2015) Austin City Council Member Gallo (2016) Austin City Council Member Ora Houston (2015) Austin City Council Member Don Zimmerman (2015) Austin City Council Member Sabino Renteria (2015) Council Member Kathie Tovo Austin City Council Member Ellen Troxclair (2015) Austin City Council Member Delia Garza (2015) Austin City Council Member Leslie Pool (2015) Austin City Council Member Greg Casar (2015) Aurelio Contreras John Cannon (2016) Leslie DeGraffenried U.S. President Barack Obama Office for Victims of Crime (U.S. DOJ) Human Rights Law Society (U of Chicago) Harvard Kennedy School Carr Center for Human Rights Policy National Center for Victims of Crime Joyful Heart Foundation for Rape Victims Rape Abuse and Incest National Network nyuedu Justice for All (Houston) 2016 Houston (TX) City Atty 2016 Civil Rights Office Texas Health Human Services Commission Houston Mayor Parker (2015) Austin Board of Realtors Lara2015 National Board of Realtors Wind River Crossing GM Ann Coker U.S. Rep. Michael McCaul (2015) U.S. Rep. Lloyd Doggett (2015) Huntsville City Attorney Leonard Schneider Palestine (TX) Interim City Mgr. Mike Alexander 2016 Mark Smith deece.eckstein@traviscountytx.gov Sherri Fleming Safeaustin Info Safeplace Info National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) Notre Dame Univ. Center for Civil and Human Rights MITProgram On HumanRights&Justice Rey Arellano joe.silva@austintexas.gov AMA Council On Ethical&JudicialAffairs Texas Medical Board State Agency Bellaire (TX) City Mgr Paul Hofmann 2016 David Maxwell National Center On Domestic and Sexual Violence Communics Dir. Walsh UT-Austin Institute On Domestic Violence and Sexual Assault voicesagainstviolence@austin.utexas.edu Attorney General of Massachusetts Attorney General of New York tgest@sas.upenn.edu Criminal Justice Journalists Board Member Rashbaum news@statesman.com
(EXPLANATORY NOTE: ADDITIONAL CARBON-COPIES ON THIS MAY 9, 2016-DATED PUBLIC-INFORMATION REQUEST WERE LATER E-MAILED BY THE REQUESTOR, JOHN KEVIN McMILLAN, ON MAY 10, 2016, AT 7:50 A.M. TO THE FOLLOWING CITED E-MAIL RECIPIENTS:)
WashingtonPostLettersEditor steven.rich@washpost.com cheryl.thompson@washpost.com DMN Austin Bureau Reporter Robert Garrett Center for Investigative Reporting International Center for Investigative Journalism Investigative Reporters and Editors (U of Missouri) Miami Herald Letters To Editor WallStJournalNewstips Houston Chronicle Letters To the Editor San Antonio Express-News Letters To Editor Texas Monthly Story-Assignments Editor John Broders Fort Worth Star-Telegram Newstips Texas Observer Editors Texas Observer Atlanta Journal-Constitution Newstips Attorney General of Louisiana Louisiana Foundation Against Sexual Assault University of North Texas at Dallas Pres. Bob Mong Los Angeles Times San Jose Mercury News Editors Fox 7 (Austin TX) TV News Democratic National Committee The Republican National Committee Texas Democratic Party (2014) Travis County Republican Party Chairman Rosemary Edwards UT Forensic Nursing Pgm (Houston) 2015 Texas City Attorneys Assn. 2014 Pres. Mary Fischer Texas City Attorneys Assoc. VP (2016) CBS News '60 Minutes' Editors and Reporters CBS News Story Ideas Editors Bennie DiNardo Matt Bernstein Boston Globe (2016) Mass. Dist. Attorneys Assn. nanciw@gmail.com State Rep. Todd Hunter American Bar Assoc Journal(2015) St. Louis Post-Dispatch Letters To Ed. State Auditor's Office Investigators USA Today The London Times Letters To Editor Time Magazine Editors Newsweek Editors Boston Globe Letter To the Editor Ombudsman Texas Dept. of State Health Services City of Austin EEOC/Fair Housing Administrator Enrique Serrano Texas Dept. of Housing and Community Affairs Exec. Dir. Irvine U.S. Dept. of Housing and Urban Devlpt (TX regional office) Huffington Post Editors Minneapolis (MN) Mayor 2016 Minneapolis Star Tribune News Editors Chicago Tribune Newstips TBPP General Counsel Bettie Wells Texas Secretary of State Open Records and General Counsel Texas Dept of Aging and Disability Services General Counsel Owens Texas Education Agency Civil Rights Complaints Office Attorney Cousin Jack Dane Austin Chronicle Editors Leander Police Chief Minton Travis County Criminal Justice/Public Safety Director Travis County Commissioner Brigid Shea Travis County Commissioner Margaret Gomez TravisCountyRepublicanPartyExecDir.(Austin) Hubert Vo Human Rights Watch (Paris) HumanRightsWatchOfficials(D.C. Office) CenterforConstitutionalRights Boston (MA) Mayor 2016 Cambridge (MA) Mayor (2016) E. Denise Simmons Quincy (MA) Mayor (2016) Thomas P. Koch Corpus Christi (TX) City Mgr Olson State Rep. Dawnna Dukes State Rep. Celia Israel (Central TX) State Rep. Tony Dale (Central TX) State Rep. Paul Workman (Central TX) State Senator Charles Schwertner (Central TX) El Campo City Attorney Ronald B. Collins UT-Austin Law School Dean Ward Farnsworth UT Law School Constitutional Rights Prof. Bobbitt Houston Police Dept (2015) Dallas Police Chief David Brown New Ulm (MN) Mayor 2016 Fort Lauderdale Mayor (2016) Minnesota Center Against Sexual Assault Violence and Abuse Minnesota Attorney General (2016) University of Minnesota Alumni Association Ap Info DenverPostEditors Missouri Attorney General Christian Hawley Austin Police Association (2015) Austin Police Retired Officers Assoc. Sec. Treasurer Randy Malone Austin Police Retired Officers Association Pres. Tommie Haffelder (2015) Texas Dept. of Public Safety Officers Assn. President Texas Dept. of Public Safety Officers Assn. Director The New Republic Editors KXAN TV News Investigations Keyetv News Austin American-Statesman Investigative Reporter Andrea Ball Investigative Reporters and Editors Board Pres. Sarah Cohen (NYT)
(EXPLANATORY NOTE: ADDITIONAL CARBON-COPIES OF THIS MAY 9, 2016-DATED PUBLIC-INFORMATION REQUEST WERE ALSO LATER E-MAILED BY THE REQUESTOR, JOHN KEVIN McMILLAN OF AUSTIN, ON MAY 10, 2016, AT 8:56 P.M. TO THE FOLLOWING E-MAIL RECIPIENTS:)
Great Hills Baptist Church info@redeemer.net pastor@redeemer.net St. Albert the Great Catholic Church Bethany United Methodist Church Assoc Pastor Sheri Clifton The Progressive Magazine The Economist humanrts@umn.edu Texas Association Against Sexual Assault (2015) University of Minnesota Former Governance Team Rep. Donna Massachusetts Coalition Against Sexual Assault Minnesota Center Against Sexual Assault Violence and Abuse bbarnett@naples.gov.com WernerC@stlouis-mo.gov hsanger@claytonmo.gov mayor@worcesterma.gov mayor@lincoln.ne.gov Salt Lake City Mayor Ralph Becker (2014) mayor@cityofberkeley.info City of Winnipeg Govt. Officials Vatican City Headquarters Roman Catholic Church Lubbock (TX) City Mgr James Loomis 2016 scott.goldstein@dallascityhall.com gary.elkins@house.state.tx.us armando.walle@house.state.tx.us jack.galindo@house.state.tx.us larry.gonzales@house.state.tx.us roland.gutierrez@house.state.tx.us jeff.leach@house.state.tx.us scott.turner@house.state.tx.us Senator Kel Seliger Senator John Whitmire State Senator Carlos Uresti allen.fletcher@house.state.tx.us dan.flynn@house.state.tx.us larry.phillips@house.state.tx.us molly.white@house.state.tx.us abel.herrero@house.state.tx.us joe.moody@house.state.tx.us carol.alvarado@house.state.tx.us rafael.anchia@house.state.tx.us dustin.burrows@house.state.tx.us donna.campbell@senate.state.tx.us juan.hinojosa@senate.state.tx.us joan.huffman@senate.state.tx.us brandon.creighton@senate.state.tx.us sylvia.garcia@senate.state.tx.us richard.raymond@house.state.tx.us toni.rose@house.state.tx.us Bruce Garrison Annie Arnold Lancaster Kendyll Daugherty Richards Austin Smiles Liz Laurence Debbie Bolton U.S. Attorney's Office Western District of Texas npap@nlg.org don@590klbj.com todd@590klbj.com jeff@590klbj.com questions@shoreline.net webmaster@texasadvocacyproject.org Texasadvocacyproject Info Riverbend Info Hyde Park Baptist Church info@tumc.org melizondo@rapecrisis.com British Embassy Public Affairs Team (D.C.) Allies Against Slavery (Austin TX) psrnatl@psr.org laurefne@gmail.com National Association of Social Workers webmaster@oig.hhs.gov Austin Board of Realtors Andrei Lubomudrov (2015) Trinity University (San Antonio) Assoc. Prof. Political Science John Hermann Trinity University (San Antonio) Assoc. Prof. Polit. Sci. David Crockett Trinity University (San Antonio) Polit. Sci. Professor Tucker Gibson SouthwestStudyCenter-TXStateU Sunset Valley Police Dept. Lt. Richard Andreucci Texas AM System Genl Counsel (2015) (Ray Bonilla) Amnesty International USA Harper's Magazine Editors Usnews Webmaster Rice Univ. Polit Sci Prof. Alford Rice Univ. Polit. Sci. Prof. Brace stein@rice.edu hamm@rice.edu City Government of Atlanta (GA) Texas Municipal League General Counsel Bennett Sandlin CNN.Viewer.Communications.Management Texas City Management Assoc. Board Member Ahrens (2014) Texas City Management Assoc. Board Member Hartman (2014) Richardson (TX) City Mgr Dan Johnson 2016 Hays County Attorney Mark Kennedy lawcommunications@emory.edu Carter Center for Human Rights NBC Nightly News Headqrtrs 2016 Attn. Gloria Steinem Ms. Magazine Oxford University American Institute dsaunders@globeandmail.com kwilley@dallasnews.com
(ADDITIONAL CARBON-COPIES OF THIS MAY 9, 2016-DATED PUBLIC INFORMATION REQUEST WERE ALSO LATER E-MAILED BY THE REQUESTOR, JOHN KEVIN McMILLAN OF AUSTIN, TO THE FOLLOWING E-MAIL RECIPIENTS ON MAY 10, 2016, AT 11:21 PM:)
INFO@UUA.ORG pareja@law.unm.edu byu-info@byu.edu jdorman@stillwater.org Dottie@texasmunicipallawyers.com ChristianScienceMonitor Editors afscinfo@afsc.org communications@afsc.org IPRArequestrecords@nmag.gov gillia@law.unm.edu jmhernandez@cabq.gov rnatarajan@law.utexas.edu info@billofrightsinstitute.org Johnson County (IA) Attorney Janet Lyness UofHAssocGenlCounselValerieColeman-Ferguson Ellen Goodman United Synagogue of Conservative Judaism (NYC NY) IowaAttyGeneralTomMiller U.S. Dept of Commerce Civil Rights Div Officials
(ADDITIONAL CARBON-COPIES OF THIS MAY 9, 2016-DATED PUBLIC-INFORMATION REQUEST FROM JOHN KEVIN McMILLAN WERE ALSO LATER E-MAILED BY THE REQUESTOR TO THE FOLLOWING E-MAIL RECIPIENTS ON MAY 10, 2016, AT 11:59 PM:)
hrp@law.harvard.edu Harvard Kennedy School Carr Center for Human Rights Policy
________
To: City of Austin Public Information Coordinator,
City Government of Austin,
301 West 2nd Street,
Austin, Texas 78701
Office phone: (512) 974-2220
May 9, 2016
This is a public-information request in which I am seeking to obtain from the City Government of Austin a copy or photocopy or computer printout of any and all phone messages or E-mail correspondence or handwritten notes or letters or memoranda or reports or recommendations or other legal documents directly referring at least once to myself, John Kevin McMillan of Austin, in any manner or way, or directly referring at least once to my one-member (myself only) and non-Christian and anti-alcohol, anti-marijuana, anti-tobacco "Honor Society" Progressive Prohibitionist Religion in any manner or way, and that, in each such case, were received or generated or produced or written or sent or E-mailed or mailed or forwarded at any time since 9 a.m. February 16, 2016, by any temp-agency employee or any other employee, such as any attorney or paralegal or administrator or other staff member, who was himself or herself employed or stationed in the City of Austin Law Department at City Hall in downtown Austin.
EXCLUDED from the scope of this public-information request are any and all letters or E-mail letters that were exclusively written by myself, John Kevin McMillan of northwest Austin.
My date of birth is: April 27, 1957, and my social-security number is: .... I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997. I am a lifelong single gentleman. I am also a lifelong non-Christian gentleman who myself has no criminal-conviction record. I am also gainfully employed and law-abiding and vigilant.
This public-information request was prompted in part by a written public disclosure the City of Austin officially made earlier this year in response to a public-information request from myself.
According to written information that was E-mailed to me by an official of the City of Austin Law Department, employees or officials of seven different departments of the City Government of Austin----those departments being the City Manager's Office, the Office of the Police Monitor, the Austin Police Department, the City of Austin Human Resources Department, the City Clerk's Office, the City of Austin Public Information Office, and the City of Austin Law Department in the form of intra-departmental consultations---over the course of the last approximately four-year period have each consulted one or more staff members or officials of the City of Austin Law Department (City Attorney's Office) specifically about myself, John Kevin McMillan of northwest Austin, on what were apparently dozens of total combined occasions.
Additional factual information about those legal consultations about myself by numerous City of Austin employees in recent years is provided below, as a post-script message to this public-information request to the City of Austin.
This public-information request is also prompted by the fact that the Austin Police Department (APD) has never informed me at any time in my entire life thus far that APD has ever on any occasion arrested any person or group of persons and formally charged that individual or that group of individuals with having allegedly wronged me in a context that allegedly violated the state penal code of Texas or, if applicable, federal law.
Thank you in advance for your prompt and very thorough reply letter providing me with any and all documents responsive to this public-information request from myself.
Sincerely and Best Wishes,
from longtime criminal-law complainant and self-identified continuous-and-continuing-daily-and-year-round-and-multi-year-personal-injury-crimes-and-anal-rape-crimes victim John Kevin McMillan.
My home address ever since late September 2015:
Village Oaks Apartments (a large apartment complex reportedly owned and managed by the "Northland Investment Corporation", which maintains its corporate headquarters in Newton, Massachusetts), 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My E-mail address: mcmillanj@att.net
My Bog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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A post-script note.
The following are officially documented written statements provided to me in their entirety by the City of Austin earlier this year about various City of Austin employees' consultations with the City of Austin Law Department (City Attorney's Office) specifically in regard to myself, John Kevin McMillan of northwest Austin, in the last approximately four-year period:
JANUARY 24, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in January 24, 2012-dated signed two-page legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on January 10, 2012.
SEPTEMBER 12, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in a signed Sept. 12, 2012-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the City Clerk's Office, the Austin Police Department, the Police Monitor's Office and the Human Resources department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on August 21, 2012.
AUGUST 27, 2013:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed August 27, 2013-dated legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst Law Department staff, staff of the Austin Police Department, staff in the City Manager's Office and Human Resources Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on August 6, 2013.
APRIL 30, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed April 30, 2014-dated official legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between the City Attorney, the Deputy City Attorney, several Assistant City Attorneys, paralegals and law department administrative personnel with staff in the City Manager's Office, Police Department, Human Resources Department, City Clerk's Office, and Public Information Office (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on April 16, 2014.
JULY 9, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed July 9, 2014-dated legal letter to Texas Attorney General Greg Abbott, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on June 24, 2014.
DECEMBER 29, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed December 29, 2014-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was a Dec. 13, 2014-dated E-mail letter that was officially received by the City of Austin on December 15, 2014.
MARCH 31, 2015:
City of Austin Law Department Assistant City Manager Elaine Nicholson, in a signed March 31, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst members of the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on March 17, 2015.
JUNE 24, 2015:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed June 24, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on June 10, 2015.
SEPTEMBER 8, 2015:
Assistant City Attorney Elaine Nicholson, in a signed three-page September 8, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited E-mail public-information request from Mr. McMillan was officially received by the City of Austin on August 24, 2015, after that written request was E-mailed to the City by Mr. McMillan on August 23, 2015.
MARCH 1, 2016:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed three-page March 1, 2016-dated official legal letter to Texas Attorney General Ken Paxton, seeks written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas,"confidential communications between and amongst the Law Department and Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter dated Feb. 15, 2016, and officially received by the City of Austin on Feb. 16, 2016.
(EXPLANATORY NOTE: The following is the text of a signed two-page legal letter that City of Austin Assistant City Attorney Elaine Nicholson wrote in response to a May 9, 2016-dated public-information request that Austin resident John Kevin McMillan wrote and E-mailed to the City Government of Austin. Austin is the capital city of Texas. Ms. Nicholson's May 20, 2016-dated legal letter, below, was addressed to Texas Attorney General Ken Paxton, whose state agency is headquartered in Austin. Ms. Nicholson also mailed a carbon-copy of her legal letter to the cited public-information requestor, John Kevin McMillan of Austin, Texas, and he received that legal document on May 23, 2016, through U.S. Postal Service mail delivery into his apartment unit's designated mailbox that day. THE ENTIRE TEXT OF JOHN KEVIN McMILLAN'S CITED MAY 9, 2016-DATED E-MAIL TEXAS OPEN RECORDS REQUEST TO THE CITY OF AUSTIN, ALONG WITH ALL CITED CARBON-COPY RECIPIENTS, IS PROVIDED BELOW AS THE VERY LAST ITEM IN THIS BLOG.--- jkm)
"City of Austin Law Department
"City Hall, 301 West 2nd Street, P.O. Box 1088
"Austin, Texas 78767-8828
"(512) 974-2268 (office phone)
"Writer's Direct (Phone) Line
"(512) 974-6463
"Writer's Fax Line
"(512) 974-6491
"May 20, 2016
"Honorable Ken Paxton
"Attorney General of Texas
"Open Records Division
"MC-014
"P.O. Box 12548
"Austin, Texas 78711-2548
"Re: Open Records Request from Mr. John McMillan received May 10, 2016. (Footnote: Mr. McMillan submitted his request by electronic mail on Monday, May 9, 2016, at 9:59 pm. The City's Administrative offices' business hours are from 8 am to 5 pm. Thus, Mr. McMillan's request was constructively received on Thursday, May 10, 2016.)
"Dear Attorney General Paxton,
"The City of Austin (the "City") received a request for information from Mr. John McMillan on May 10, 2016. Thus, today is the eighth business day since the City's receipt of Mr. McMillan's request. The City believes some of the information responsive to the request is excepted from disclosure under section 552.107 of the Government Code. This letter is a request for a determination under section 552.301 of the Government Code that some of the requested information is so excepted. Copies of the request and representative samples of the information at issue are enclosed.
"By copy of this letter the City is notifying the requestor that the City is seeking to withhold some of the responsive information represented by the enclosed samples and has asked for a decision from the Attorney General about whether this information is within an exception to public disclosure.
"Section 552.107(1) protects information coming within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6-7 (2002).
"First, a governmental body must demonstrate that the information constitutes or documents a communication....Second, the communication must have been made 'for the purpose of facilitating the rendition of professional legal services' to the client governmental body....The privilege does not apply when an attorney or representative is involved in some capacity other than that of providing or facilitating professional legal services to the client governmental body. ... Third, the privilege applies only to communications between or among clients, client representatives, lawyers, and lawyer representatives....Thus, a governmental body must inform your office of the identities and capacities of the individuals to whom each communication at issue has been made. Lastly, the attorney-client privilege applies only to a confidential communication,...meaning it was 'not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.'...Whether a communication meets this definition depends on the intent of the parties involved at the time the information was communicated....Moreover, because the client may elect to waive the privilege at any time, a governmental body must explain that the confidentiality of a communication has been maintained. Section 552.107(1) generally excepts an entire communication that is demonstrated to be protected by the attorney-client privilege unless otherwise waived by the governmental body..."
"The submitted information consists of confidential communications between and amongst the Law Department. These communications were made for the purpose of facilitating the rendition of professional legal services and the confidentiality of these communications has been maintained. Accordingly, the City believes that the information represented by the enclosed samples is excepted from disclosure under section 552.107(1).
"If you have any questions concerning this matter, please feel free to contact me at (512) 974-6463.
"Sincerely,
"Elaine Nicholson
"Assistant City Attorney
"cer/Enclosure
"cc: (without enclosures)
Mr. John McMillan
10926 Jollyville Rd., Bldg. 9, Apt. 902
Austin, TX 78759"
______
(THE FOLLOWING IS THE FULL EXACT VERBATIM TEXT OF THE ENTIRE MAY 9, 2016-DATED E-MAIL PUBLIC-INFORMATION REQUEST TO THE CITY OF AUSTIN BY AUSTIN RESIDENT JOHN KEVIN McMILLAN THAT PROMPTED THE CITY OF AUSTIN LAW DEPARTMENT TO REQUEST PERMISSION FROM TEXAS ATTORNEY GENERAL KEN PAXTON TO WITHHOLD SOME OR SEVERAL RESPONSIVE LEGAL DOCUMENTS FROM Mr. McMILLAN, THE GENERAL PUBLIC, AND THE NEWS MEDIA IN TEXAS. --- jkm)
5-9-16 City of Austin Law Dept. Open Records(10)
(From:) John McMillan (at E-mail address of: "mcmillanj@att.net")
(Date and Time:) May 9 (2016) at 9:59 PM
To City of Austin Open Records Coordinator Texas City Attorneys Assn. General Counsel Scott Houston Texas Legislative Council Legal Director Deborah Fulton Texas Legal legal-aid service (2015) Texas Rangers Division of DPS Governor's Office of Texas Open Records Administrator FBI Houston Bureau (2015) FBI Dallas Bureau U.S. Department of Homeland Security Lori Carter Roger Dean joe.ballesteros@traviscountytx.gov APD Officer James Turner david.escamilla@traviscountytx.gov Public Information tamara.smith@texasattorneygeneral.gov Rep. Naishtat Chief of Staff Dorothy Browne State Sen. Watson Constituent Services Dr. Gerson Texas City Attorneys Assn. Dir Stutes 2016 Texas City Attorneys Assn Dir Mims 2016 Texas City Management Assoc. Board Member Cantu (San Antonio) Texas City Attorneys Assn Dir Bojorquez 2016 Cedar Park (TX) City Manager Brenda Eivens (2014) Fort Worth City Manager David Cooke (2014) Dallas City Attorney's Office Dallas City Manager A.C. Gonzalez Outback Asst Mgr Nick Burton Trevor Glynn Eric Polak Yessenia (Denny's Lakeline) TRA General Counsel Kenneth Besserman Texas DPS Office of General Counsel TWC Ombudsman hway@law.utexas.edu smccown@law.utexas.edu UT System Vice Chancellor/General Counsel Barry Burghorf ACC President Richard Rhodes Superintendent TDCJ General Counsel Rep. Patricia Fleming Federal Law Enf. Officers Assn gerald.daugherty@traviscountytx.gov Travis County Judge Sarah Eckhardt State Bar of Texas Exec. Dir. Michelle Hunter StateComptrollerSusanCombs State Comptroller Criminal Investigations Division Chief Martin Cano Austin Mayor Steve Adler Austin City Council Member Ann Kitchen (2015) Austin City Council Member Gallo (2016) Austin City Council Member Ora Houston (2015) Austin City Council Member Don Zimmerman (2015) Austin City Council Member Sabino Renteria (2015) Council Member Kathie Tovo Austin City Council Member Ellen Troxclair (2015) Austin City Council Member Delia Garza (2015) Austin City Council Member Leslie Pool (2015) Austin City Council Member Greg Casar (2015) Aurelio Contreras John Cannon (2016) Leslie DeGraffenried U.S. President Barack Obama Office for Victims of Crime (U.S. DOJ) Human Rights Law Society (U of Chicago) Harvard Kennedy School Carr Center for Human Rights Policy National Center for Victims of Crime Joyful Heart Foundation for Rape Victims Rape Abuse and Incest National Network nyuedu Justice for All (Houston) 2016 Houston (TX) City Atty 2016 Civil Rights Office Texas Health Human Services Commission Houston Mayor Parker (2015) Austin Board of Realtors Lara2015 National Board of Realtors Wind River Crossing GM Ann Coker U.S. Rep. Michael McCaul (2015) U.S. Rep. Lloyd Doggett (2015) Huntsville City Attorney Leonard Schneider Palestine (TX) Interim City Mgr. Mike Alexander 2016 Mark Smith deece.eckstein@traviscountytx.gov Sherri Fleming Safeaustin Info Safeplace Info National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) Notre Dame Univ. Center for Civil and Human Rights MITProgram On HumanRights&Justice Rey Arellano joe.silva@austintexas.gov AMA Council On Ethical&JudicialAffairs Texas Medical Board State Agency Bellaire (TX) City Mgr Paul Hofmann 2016 David Maxwell National Center On Domestic and Sexual Violence Communics Dir. Walsh UT-Austin Institute On Domestic Violence and Sexual Assault voicesagainstviolence@austin.utexas.edu Attorney General of Massachusetts Attorney General of New York tgest@sas.upenn.edu Criminal Justice Journalists Board Member Rashbaum news@statesman.com
(EXPLANATORY NOTE: ADDITIONAL CARBON-COPIES ON THIS MAY 9, 2016-DATED PUBLIC-INFORMATION REQUEST WERE LATER E-MAILED BY THE REQUESTOR, JOHN KEVIN McMILLAN, ON MAY 10, 2016, AT 7:50 A.M. TO THE FOLLOWING CITED E-MAIL RECIPIENTS:)
WashingtonPostLettersEditor steven.rich@washpost.com cheryl.thompson@washpost.com DMN Austin Bureau Reporter Robert Garrett Center for Investigative Reporting International Center for Investigative Journalism Investigative Reporters and Editors (U of Missouri) Miami Herald Letters To Editor WallStJournalNewstips Houston Chronicle Letters To the Editor San Antonio Express-News Letters To Editor Texas Monthly Story-Assignments Editor John Broders Fort Worth Star-Telegram Newstips Texas Observer Editors Texas Observer Atlanta Journal-Constitution Newstips Attorney General of Louisiana Louisiana Foundation Against Sexual Assault University of North Texas at Dallas Pres. Bob Mong Los Angeles Times San Jose Mercury News Editors Fox 7 (Austin TX) TV News Democratic National Committee The Republican National Committee Texas Democratic Party (2014) Travis County Republican Party Chairman Rosemary Edwards UT Forensic Nursing Pgm (Houston) 2015 Texas City Attorneys Assn. 2014 Pres. Mary Fischer Texas City Attorneys Assoc. VP (2016) CBS News '60 Minutes' Editors and Reporters CBS News Story Ideas Editors Bennie DiNardo Matt Bernstein Boston Globe (2016) Mass. Dist. Attorneys Assn. nanciw@gmail.com State Rep. Todd Hunter American Bar Assoc Journal(2015) St. Louis Post-Dispatch Letters To Ed. State Auditor's Office Investigators USA Today The London Times Letters To Editor Time Magazine Editors Newsweek Editors Boston Globe Letter To the Editor Ombudsman Texas Dept. of State Health Services City of Austin EEOC/Fair Housing Administrator Enrique Serrano Texas Dept. of Housing and Community Affairs Exec. Dir. Irvine U.S. Dept. of Housing and Urban Devlpt (TX regional office) Huffington Post Editors Minneapolis (MN) Mayor 2016 Minneapolis Star Tribune News Editors Chicago Tribune Newstips TBPP General Counsel Bettie Wells Texas Secretary of State Open Records and General Counsel Texas Dept of Aging and Disability Services General Counsel Owens Texas Education Agency Civil Rights Complaints Office Attorney Cousin Jack Dane Austin Chronicle Editors Leander Police Chief Minton Travis County Criminal Justice/Public Safety Director Travis County Commissioner Brigid Shea Travis County Commissioner Margaret Gomez TravisCountyRepublicanPartyExecDir.(Austin) Hubert Vo Human Rights Watch (Paris) HumanRightsWatchOfficials(D.C. Office) CenterforConstitutionalRights Boston (MA) Mayor 2016 Cambridge (MA) Mayor (2016) E. Denise Simmons Quincy (MA) Mayor (2016) Thomas P. Koch Corpus Christi (TX) City Mgr Olson State Rep. Dawnna Dukes State Rep. Celia Israel (Central TX) State Rep. Tony Dale (Central TX) State Rep. Paul Workman (Central TX) State Senator Charles Schwertner (Central TX) El Campo City Attorney Ronald B. Collins UT-Austin Law School Dean Ward Farnsworth UT Law School Constitutional Rights Prof. Bobbitt Houston Police Dept (2015) Dallas Police Chief David Brown New Ulm (MN) Mayor 2016 Fort Lauderdale Mayor (2016) Minnesota Center Against Sexual Assault Violence and Abuse Minnesota Attorney General (2016) University of Minnesota Alumni Association Ap Info DenverPostEditors Missouri Attorney General Christian Hawley Austin Police Association (2015) Austin Police Retired Officers Assoc. Sec. Treasurer Randy Malone Austin Police Retired Officers Association Pres. Tommie Haffelder (2015) Texas Dept. of Public Safety Officers Assn. President Texas Dept. of Public Safety Officers Assn. Director The New Republic Editors KXAN TV News Investigations Keyetv News Austin American-Statesman Investigative Reporter Andrea Ball Investigative Reporters and Editors Board Pres. Sarah Cohen (NYT)
(EXPLANATORY NOTE: ADDITIONAL CARBON-COPIES OF THIS MAY 9, 2016-DATED PUBLIC-INFORMATION REQUEST WERE ALSO LATER E-MAILED BY THE REQUESTOR, JOHN KEVIN McMILLAN OF AUSTIN, ON MAY 10, 2016, AT 8:56 P.M. TO THE FOLLOWING E-MAIL RECIPIENTS:)
Great Hills Baptist Church info@redeemer.net pastor@redeemer.net St. Albert the Great Catholic Church Bethany United Methodist Church Assoc Pastor Sheri Clifton The Progressive Magazine The Economist humanrts@umn.edu Texas Association Against Sexual Assault (2015) University of Minnesota Former Governance Team Rep. Donna Massachusetts Coalition Against Sexual Assault Minnesota Center Against Sexual Assault Violence and Abuse bbarnett@naples.gov.com WernerC@stlouis-mo.gov hsanger@claytonmo.gov mayor@worcesterma.gov mayor@lincoln.ne.gov Salt Lake City Mayor Ralph Becker (2014) mayor@cityofberkeley.info City of Winnipeg Govt. Officials Vatican City Headquarters Roman Catholic Church Lubbock (TX) City Mgr James Loomis 2016 scott.goldstein@dallascityhall.com gary.elkins@house.state.tx.us armando.walle@house.state.tx.us jack.galindo@house.state.tx.us larry.gonzales@house.state.tx.us roland.gutierrez@house.state.tx.us jeff.leach@house.state.tx.us scott.turner@house.state.tx.us Senator Kel Seliger Senator John Whitmire State Senator Carlos Uresti allen.fletcher@house.state.tx.us dan.flynn@house.state.tx.us larry.phillips@house.state.tx.us molly.white@house.state.tx.us abel.herrero@house.state.tx.us joe.moody@house.state.tx.us carol.alvarado@house.state.tx.us rafael.anchia@house.state.tx.us dustin.burrows@house.state.tx.us donna.campbell@senate.state.tx.us juan.hinojosa@senate.state.tx.us joan.huffman@senate.state.tx.us brandon.creighton@senate.state.tx.us sylvia.garcia@senate.state.tx.us richard.raymond@house.state.tx.us toni.rose@house.state.tx.us Bruce Garrison Annie Arnold Lancaster Kendyll Daugherty Richards Austin Smiles Liz Laurence Debbie Bolton U.S. Attorney's Office Western District of Texas npap@nlg.org don@590klbj.com todd@590klbj.com jeff@590klbj.com questions@shoreline.net webmaster@texasadvocacyproject.org Texasadvocacyproject Info Riverbend Info Hyde Park Baptist Church info@tumc.org melizondo@rapecrisis.com British Embassy Public Affairs Team (D.C.) Allies Against Slavery (Austin TX) psrnatl@psr.org laurefne@gmail.com National Association of Social Workers webmaster@oig.hhs.gov Austin Board of Realtors Andrei Lubomudrov (2015) Trinity University (San Antonio) Assoc. Prof. Political Science John Hermann Trinity University (San Antonio) Assoc. Prof. Polit. Sci. David Crockett Trinity University (San Antonio) Polit. Sci. Professor Tucker Gibson SouthwestStudyCenter-TXStateU Sunset Valley Police Dept. Lt. Richard Andreucci Texas AM System Genl Counsel (2015) (Ray Bonilla) Amnesty International USA Harper's Magazine Editors Usnews Webmaster Rice Univ. Polit Sci Prof. Alford Rice Univ. Polit. Sci. Prof. Brace stein@rice.edu hamm@rice.edu City Government of Atlanta (GA) Texas Municipal League General Counsel Bennett Sandlin CNN.Viewer.Communications.Management Texas City Management Assoc. Board Member Ahrens (2014) Texas City Management Assoc. Board Member Hartman (2014) Richardson (TX) City Mgr Dan Johnson 2016 Hays County Attorney Mark Kennedy lawcommunications@emory.edu Carter Center for Human Rights NBC Nightly News Headqrtrs 2016 Attn. Gloria Steinem Ms. Magazine Oxford University American Institute dsaunders@globeandmail.com kwilley@dallasnews.com
(ADDITIONAL CARBON-COPIES OF THIS MAY 9, 2016-DATED PUBLIC INFORMATION REQUEST WERE ALSO LATER E-MAILED BY THE REQUESTOR, JOHN KEVIN McMILLAN OF AUSTIN, TO THE FOLLOWING E-MAIL RECIPIENTS ON MAY 10, 2016, AT 11:21 PM:)
INFO@UUA.ORG pareja@law.unm.edu byu-info@byu.edu jdorman@stillwater.org Dottie@texasmunicipallawyers.com ChristianScienceMonitor Editors afscinfo@afsc.org communications@afsc.org IPRArequestrecords@nmag.gov gillia@law.unm.edu jmhernandez@cabq.gov rnatarajan@law.utexas.edu info@billofrightsinstitute.org Johnson County (IA) Attorney Janet Lyness UofHAssocGenlCounselValerieColeman-Ferguson Ellen Goodman United Synagogue of Conservative Judaism (NYC NY) IowaAttyGeneralTomMiller U.S. Dept of Commerce Civil Rights Div Officials
(ADDITIONAL CARBON-COPIES OF THIS MAY 9, 2016-DATED PUBLIC-INFORMATION REQUEST FROM JOHN KEVIN McMILLAN WERE ALSO LATER E-MAILED BY THE REQUESTOR TO THE FOLLOWING E-MAIL RECIPIENTS ON MAY 10, 2016, AT 11:59 PM:)
hrp@law.harvard.edu Harvard Kennedy School Carr Center for Human Rights Policy
________
To: City of Austin Public Information Coordinator,
City Government of Austin,
301 West 2nd Street,
Austin, Texas 78701
Office phone: (512) 974-2220
May 9, 2016
This is a public-information request in which I am seeking to obtain from the City Government of Austin a copy or photocopy or computer printout of any and all phone messages or E-mail correspondence or handwritten notes or letters or memoranda or reports or recommendations or other legal documents directly referring at least once to myself, John Kevin McMillan of Austin, in any manner or way, or directly referring at least once to my one-member (myself only) and non-Christian and anti-alcohol, anti-marijuana, anti-tobacco "Honor Society" Progressive Prohibitionist Religion in any manner or way, and that, in each such case, were received or generated or produced or written or sent or E-mailed or mailed or forwarded at any time since 9 a.m. February 16, 2016, by any temp-agency employee or any other employee, such as any attorney or paralegal or administrator or other staff member, who was himself or herself employed or stationed in the City of Austin Law Department at City Hall in downtown Austin.
EXCLUDED from the scope of this public-information request are any and all letters or E-mail letters that were exclusively written by myself, John Kevin McMillan of northwest Austin.
My date of birth is: April 27, 1957, and my social-security number is: .... I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997. I am a lifelong single gentleman. I am also a lifelong non-Christian gentleman who myself has no criminal-conviction record. I am also gainfully employed and law-abiding and vigilant.
This public-information request was prompted in part by a written public disclosure the City of Austin officially made earlier this year in response to a public-information request from myself.
According to written information that was E-mailed to me by an official of the City of Austin Law Department, employees or officials of seven different departments of the City Government of Austin----those departments being the City Manager's Office, the Office of the Police Monitor, the Austin Police Department, the City of Austin Human Resources Department, the City Clerk's Office, the City of Austin Public Information Office, and the City of Austin Law Department in the form of intra-departmental consultations---over the course of the last approximately four-year period have each consulted one or more staff members or officials of the City of Austin Law Department (City Attorney's Office) specifically about myself, John Kevin McMillan of northwest Austin, on what were apparently dozens of total combined occasions.
Additional factual information about those legal consultations about myself by numerous City of Austin employees in recent years is provided below, as a post-script message to this public-information request to the City of Austin.
This public-information request is also prompted by the fact that the Austin Police Department (APD) has never informed me at any time in my entire life thus far that APD has ever on any occasion arrested any person or group of persons and formally charged that individual or that group of individuals with having allegedly wronged me in a context that allegedly violated the state penal code of Texas or, if applicable, federal law.
Thank you in advance for your prompt and very thorough reply letter providing me with any and all documents responsive to this public-information request from myself.
Sincerely and Best Wishes,
from longtime criminal-law complainant and self-identified continuous-and-continuing-daily-and-year-round-and-multi-year-personal-injury-crimes-and-anal-rape-crimes victim John Kevin McMillan.
My home address ever since late September 2015:
Village Oaks Apartments (a large apartment complex reportedly owned and managed by the "Northland Investment Corporation", which maintains its corporate headquarters in Newton, Massachusetts), 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My E-mail address: mcmillanj@att.net
My Bog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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A post-script note.
The following are officially documented written statements provided to me in their entirety by the City of Austin earlier this year about various City of Austin employees' consultations with the City of Austin Law Department (City Attorney's Office) specifically in regard to myself, John Kevin McMillan of northwest Austin, in the last approximately four-year period:
JANUARY 24, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in January 24, 2012-dated signed two-page legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on January 10, 2012.
SEPTEMBER 12, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in a signed Sept. 12, 2012-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the City Clerk's Office, the Austin Police Department, the Police Monitor's Office and the Human Resources department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on August 21, 2012.
AUGUST 27, 2013:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed August 27, 2013-dated legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst Law Department staff, staff of the Austin Police Department, staff in the City Manager's Office and Human Resources Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on August 6, 2013.
APRIL 30, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed April 30, 2014-dated official legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between the City Attorney, the Deputy City Attorney, several Assistant City Attorneys, paralegals and law department administrative personnel with staff in the City Manager's Office, Police Department, Human Resources Department, City Clerk's Office, and Public Information Office (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on April 16, 2014.
JULY 9, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed July 9, 2014-dated legal letter to Texas Attorney General Greg Abbott, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on June 24, 2014.
DECEMBER 29, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed December 29, 2014-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was a Dec. 13, 2014-dated E-mail letter that was officially received by the City of Austin on December 15, 2014.
MARCH 31, 2015:
City of Austin Law Department Assistant City Manager Elaine Nicholson, in a signed March 31, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst members of the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on March 17, 2015.
JUNE 24, 2015:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed June 24, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on June 10, 2015.
SEPTEMBER 8, 2015:
Assistant City Attorney Elaine Nicholson, in a signed three-page September 8, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from public-information requestor John Kevin McMillan "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited E-mail public-information request from Mr. McMillan was officially received by the City of Austin on August 24, 2015, after that written request was E-mailed to the City by Mr. McMillan on August 23, 2015.
MARCH 1, 2016:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed three-page March 1, 2016-dated official legal letter to Texas Attorney General Ken Paxton, seeks written permission to withhold from public-information requestor John Kevin McMillan of Austin, Texas,"confidential communications between and amongst the Law Department and Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter dated Feb. 15, 2016, and officially received by the City of Austin on Feb. 16, 2016.
"KEN PAXTON
"ATTORNEY GENERAL OF TEXAS
"May 9, 2016
"Ms. Elaine Nicholson
"Assistant City Attorney
"Law Department
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"OR2016-10476
"Dear Ms. Nicholson:
"You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 609248.
"The City of Austin (the "city") received a (Feb. 15, 2016-dated E-mail public-information) request (from John Kevin McMillan of northwest Austin, a request officially received by the City of Austin on Feb. 16, 2016) for all documents or telephone messages generated or compiled by the city's Law Department (the "department") over a specified time period that relate to the requestor (John Kevin McMillan) and reference any of six specified items, as well as any document or telephone message that refers to the requestor over a specified time period. You claim some of the requested information is excepted from disclosure under section 552.107(1) of the Government Code. We have considered the raised argument and reviewed the submitted representative sample of information.(Footnote 1).
"((Footnote 1:) This letter ruling assumes the submitted representative sample of information is truly representative of the requested information as a whole. This ruling does not reach, and therefore does not authorize the withholding of, any other requested information to the extent that the other information is substantially different than that submitted to this office. See Gov't Code 552.301(e)(1)(D), .302, Open Records Division Nos. 499 at 6 (1988), 497 at 4 (1988).)
"Initially, you indicate, and we agree, some of the submitted information is not responsive to the request for information because it was not generated or compiled by the department. Furthermore, the requestor excludes from the scope of the request any documents that were written by the requestor (John Kevin McMillan of Austin). Accordingly, such information, which you have indicated and we have marked, is not responsive to the request for information. This ruling does not address the public availability of any information that is not responsive to the request and the city is not required to release such information in response to the request.
"Next, we note some of the requested information may be the subject of previous requests for information, in response to which this office issued Open Records Letter Nos. 2014-11839 (2014), 2014-12659 (2014), 2015-01083 (2015), 2015-07718 (2015), 2015-14734 (2015), and 2015-20555 (2015). In each of those open record rulings, we determined the city may withhold the submitted responsive information under section 552.107 of the Government Code. We have no indication the law, facts, and circumstances on which the prior rulings were based have changed. Accordingly, to the extent the information responsive to the current request is identical to the information previously requested and ruled upon by this office, we conclude the city may continue to rely on Open Records Letter Nos. 2014-11839, 2014-12659, 2015-01083, 2015-07718, 2015-14734, and 2015-20555 as previous determinations and withhold the previously ruled upon information in accordance with those rulings. However, with respect to the information that was not previously ruled upon by this office, we will address your argument against disclosure of this information.
"Section 552.107(1) of the Government Code protects information coming within the attorney-client privilege. See Gov't Code 552.107(1). When asserting the attorney-client privilege, a government body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue....
"You state the information you have marked consists of communications involving attorneys for the city and city employees in their capacities as clients. You state these communications were made in furtherance of the rendition of professional legal services to the city. You state these communications were intended to be, and have remained, confidential. Based on your representations and our review, we find you have demonstrated the applicability of the attorney-client privilege to the information at issue. Accordingly, the city may withhold the information you have marked under section 552.107(1) of the Government Code.
"In summary, to the extent the information responsive to the current request is identical to the information previously requested and ruled upon by this office, we conclude the city must continue to rely on Open Records Letter Nos. 2014-11839, 2014-12659, 2015-01083, 2015-07718, 2015-14734, and 2015-20555 as previous determinations and withhold or release the previously ruled upon information in accordance with those rulings. The city may withhold the information you have marked under section 552.107(1) of the Government Code. The city must release the remaining information to the requestor.
"This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.
"This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning these rights and responsibilities, please visit our website at http://www.texasattorneygeneral.gov/open.orl_ruling_info.shtml, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act may be directed to the Attorney General, toll free, at (888) 672-6787.
"Sincerely,
"Joseph Behnke
"Assistant Attorney General
"Open Records Division
"JB/som"
_______
(EXPLANATORY NOTE: THE FOLLOWING IS THE EXACT VERBATIM TEXT OF THE FEBRUARY 15, 2016-DATED E-MAIL PUBLIC-INFORMATION REQUEST THAT THE CITED REQUESTOR, JOHN KEVIN McMILLAN OF AUSTIN, TEXAS, SUBMITTED TO THE CITY GOVERNMENT OF AUSTIN, WITH THE CITY HAVING OFFICIALLY RECEIVED THAT REQUEST FOR INFORMATION ON FEB. 16, 2016. -- jkm)
On Monday, February 15, 2016 10:42 PM, John McMillan wrote:
Dear City of Austin Open Records Coordinator,
This is a Texas Open Records Act request in which I seek to obtain from the City Government of Austin in Austin, Texas, any and all applicable written documents or phone messages generated or written or compiled or sent or compiled or forwarded on behalf of any attorney employed by the City of Austin Law Department at any time since 12:01 a.m. April 17, 2011, and that, in each and every applicable case, referred at least once to myself, John Kevin McMillan of Austin, Texas,
and that:
referred at least once in any manner or context that to a foreign nation, or to a U.S. state other than Texas, or to a U.S. city other than Austin, or that referred at least once in any way to either Travis County Government or Williamson County Government, or that referred in any way to any U.S. county other than the respective Texan counties of Travis and Williamson, or that referred in any way to any entity officially affiliated with or owned by or administered by the State Government of Texas.
Excluded from the scope of this public information request are any and all written communications that were solely authored by myself, John Kevin McMillan.
My date of birth is: April 27, 1957. I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997. I am a lifelong single gentleman, and I have never been married to anyone.
ALSO INCLUDED IN THE SCOPE OF THIS TWO-PART PUBLIC-INFORMATION REQUEST ARE ANY AND ALL LEGAL documents or phone messages GENERATED OR WRITTEN OR SENT OR FORWARDED AT ANY TIME SINCE AUGUST 23, 2015, BY ANY EMPLOYEE OR OFFICIAL OF THE CITY ATTORNEY'S OFFICE IN AUSTIN, TEXAS, AND THAT, IN EACH SUCH CASE, WERE NOT EXCLUSIVELY AUTHORED BY MYSELF,
JOHN KEVIN McMILLAN, AND THAT, IN ADDITION, REFERRED AT LEAST ONCE TO MYSELF, JOHN KEVIN McMILLAN OF AUSTIN, IN ANY MANNER OR ANY WAY.
Thank you in advance for your prompt and very thorough reply letter providing me with any and all responsive documents responsive to this TWO-PART public-information request from myself that cites two different time frames for each part of this two-part request for information.
Sincerely and Best Wishes,
from criminal-law complainant and self-identified personal-injury-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 E-mail address: mcmillanj@att.net
_________
(EXPLANATORY NOTE: THE FOLLOWING ARE QUOTED PORTIONS OF THE TEXT OF THE CITED MARCH 1, 2016-DATED AND SIGNED OFFICIAL CITY OF AUSTIN LAW DEPARTMENT LEGAL LETTER ON OFFICIAL CITY OF AUSTIN LAW DEPARTMENT STATIONERY THAT ASSISTANT CITY ATTORNEY ELAINE NICHOLSON SIGNED AND MAILED TO ATTORNEY GENERAL OF TEXAS KEN PAXTON:)
"March 1, 2016
"Honorable Ken Paxton
"Attorney General of Texas
"Open Records Division
"MC-014
"P.O. Box 12548
"Austin, Texas 78711-2548
"Re: Open Records Request from Mr. John (Kevin) McMillan received February 16, 2016 (footnote(:) Mr. McMillan submitted his request by electronic mail on Monday, February 15, 2016. The City's administrative offices were closed in observance of President's Day. Thus, Mr. McMillan's request was constructively received on Tuesday, February 16, 2016.)
"Dear Attorney General Paxton,
"The City of Austin (the "City") received a request for information from Mr. John McMillan on February 16, 2016. Thus, today is the tenth business day since the City's receipt of Mr. McMillan's request. The City believes some of the information responsive to the request is excepted from disclosure under section 552.107 of the Government Code. This letter is a request for a determination under section 552.301 of the Government Code that some of the requested information is so excepted. Copies of the request and representative samples of the information at issue are enclosed.
"By copy of this letter the City is notifying the requestor that the City is seeking to withhold some of the responsive information represented by the enclosed samples and has asked for a decision from the Attorney General about whether this information is within an exception to public disclosure.
"Section 552.107(1) protects information coming within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6-7 (2002).
"...
"The submitted information consists of confidential communications between and amongst the Law Department and Austin Police Department. These communications were made for the purpose of facilitating the rendition of professional legal services and the confidentiality of these communications has been maintained. Accordingly, the City believes that the information represented by the enclosed examples is excepted from disclosure under section 552.107(1).
"If you have any questions concerning this matter, please feel free to contact me at (512) 974-6463.
"Sincerely,
"Elaine Nicholson
"Assistant City Attorney
"cer/Enclosure"
(EXPLANATORY NOTE: MY MAY 15, 2016, E-MAIL LETTER, BELOW, THAT WAS PRIMARILY ADDRESSED TO THE TEXAS COMMISSION ON LAW ENFORCEMENT (TCOLE) STATE AGENCY'S EXECUTIVE DIRECTOR, KIM VICKERS, HAD BEEN SENT BY ME TO THE OFFICIAL PUBLIC-INFORMATION CUSTODIAN'S E-MAIL ADDRESS FOR THAT STATE AGENCY IN AUSTIN, TEXAS, ON BEHALF OF KIM VICKERS. THIS APPARENTLY EXPLAINS WHY MY LETTER POSING TWO QUESTIONS TO EXECUTIVE DIRECTOR VICKERS PROMPTED A MAY 16, 2016-DATED E-MAIL REPLY TO ME FROM NIKKI JOHNSON, THE OFFICIAL CUSTODIAN OF RECORDS FOR THAT GOVERNMENT AGENCY, AND NOT FROM KIM VICKERS.--- jkm)
McMillan_0515_TCOLE_McMillian
(From:) open_records (at the official TCOLE E-mail address of: "open_records@tcole.texas.gov")
To John McMillan (at E-mail address of: "mcmillanj@att.net")
Today (May 16, 2016) at 2:17 PM
May 16, 2016
Below is the information responsive to your public information request made to the Texas Commission on Law Enforcement (TCOLE).
TCOLE has no authority to investigate citizen complaints against law enforcement officers or agencies concerning services they provide or fail to provide, except and unless a violation of law or rule occurs related to licensing, training, certification, appointment, or other related standards, or upon conviction of a covered criminal offense.
Rule 223.15, 223.18, and 223.19 and Texas Occupations Codes 1701.1524, 312; 4521, 501 outlines how a license may become suspended and or revoked.
Rule 223.15, 223.18, and 223.19 - Link here
http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=37&pt=7&ch=223&rl=Y
Texas Occupations Codes 1701.1524, 312, 501 - Link here http://www.tcole.texas.gov/content/commission-rules
Sincerely,
Nikki Johnson
Custodian of Records
Public Information
512-936-7763
nikki.johnson@tcole.texas.gov
______
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Sunday, May 15, 2016 1:50 PM
To: open_records; John Beauchamp; Jim Clifton; State Auditor's Office Investigators; lpitts@miamiherald.com; University of North Texas at Dallas Pres. Bob Mong
Subject: Fw: 5-15-16 two questions for TCOLE Exec. Director
Dear Texas Commission on Law Enforcement officials in Austin,
Please note the factual follow-up correspondence of mine on this that I have also sent to other government officials,
from former full-time newspaper reporter John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295.
John Kevin McMillan
....
____
On Sunday, May 15, 2016 7:54 AM, John McMillan wrote:
A respectful FYI to each of you on the following,
from current criminal-law complainant John Kevin McMillan of Austin, Texas, with the most recent crime report from me to the Austin Police Department---submitted by me on May 13, 2016, from the SafePlace facility in south Austin---having been assigned by APD the official identification number of 16-1340923. The officially cited time on that crime report from me to APD was 1:37 p.m. that Friday.
During that visit of mine to SafePlace on Friday, I was informed in person at 2:25 p.m. by an APD female officer, Officer Acosta (Badge Number 5805), that Detective (Jeff) Dwyer (Badge Number 3435) of APD's Sex Crimes Unit had stated on the phone minutes before that the APD Sex Crimes Unit would NOT approve any SAFE (Sexual Assault Forensic Exam) on me at that facility that day.
Home phone: (512) 342-2295.
My Blog:
John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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________
On Sunday, May 15, 2016 2:12 AM, John McMillan wrote:
To: Kim Vickers,
Executive Director,
Texas Commission on Law Enforcement,
6330 East Highway 290,
Suite 200,
Austin, TX 78723-1035
Office phone for your state agency's Office of General Counsel, with Mr. John Beauchamp holding that position: (512) 936-7746.
May 15, 2016
Dear Executive Director Vickers,
Best Wishes to you and your admirably law-enforcement-minded colleagues at your state agency headquarters in Austin----including Mr. Jim Clifton, your highly-esteemed Supervisory Agent for Central Texas Field Operations in Austin and the greater Austin area, with his office phone number being (512) 750-6370.
Executive Director Vickers, I have two respectful follow-up public-policy-minded questions for you and your other first-rate colleagues at your state agency:
(1) Which punitive actions can your state agency legally pursue against one or more officers of a municipal law-enforcement agency in Texas whom your state agency determines to have allegedly committed obstruction of justice or some other flagrant alleged violations of the law through the cited officers' and their police department's repeated refusal to investigate, or to process pertinent DNA-swab crime evidence they have merely been storing at a police substation over a multi-year period, or to arrest any suspect in, a very alarming alleged-continuous-and-continuing-felony-personal-injury-crimes case that your state agency has learned about?
(2) Which punitive actions can your state agency legally pursue against any chief of police or any assistant chief of police in Texas who knowingly over a multi-year period allegedly orders his or her law-enforcement agency's "Crisis Intervention Team" (CIT) to block investigation of a continuous-and-continuing-felony-personal-injury-crimes case in their municipality, with that CIT unit being the only unit assigned to the case by their department, and that CIT unit in the cited hypothetical scenario being "required" or "expected" by the chief or assistant chief to dismiss any and all of the crime victim's criminal-law complaints as "delusional" or "mentally ill" or "false"?
Executive Director Vickers, thank you in advance for your helpful reply note to me on this.
Sincerely and Best Wishes,
from former full-time Texas Department of Public Safety employee John Kevin McMillan of Austin.
Home address: Village Oaks Apartments (a large NW Austin apartment complex reportedly owned and managed by the for-profit "Northland Investment Corporation" of Newton, Mass.), 10926 Jollyville Road, Building 9, Apartment 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-...
Subject: 11-11-12 courtesy cc: to Mrs. Clinton re: suspected illegal foreign intruder From: John McMillan (at personal E-mail address of "mcmillanj@att.net")
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Automatic reply: 5-15-16 two questions for TCOLE Exec. Director(19)
(From:) John McMillan (at E-mail address for John Kevin McMillan of "mcmillanj@att.net")
(Date and time:) May 15, 2016, at 2:12 AM
To Texas Commission On Law Enforcement Director Kim Vickers Texas Rangers Division of DPS Sunset Valley Police Dept. Lt. Richard Andreucci rpuente@utsystem.edu FBI Houston Bureau (2015) Gregory Lucas Greg Hamilton Governor's Office of Texas Open Records Administrator U.S. Department of Homeland Security joe.silva@austintexas.gov U.S. Attorney's Office Western District of Texas Austin City Council Member Gallo (2016) Austin Mayor Steve Adler City of Austin Interim City Attorney Anne Morgan Public Information FBI Dallas Bureau Office for Victims of Crime (U.S. DOJ) U.S. President Barack Obama joe.ballesteros@traviscountytx.gov Roger Dean Rudy Magallanes Lori Carter Texas DPS Office of General Counsel Texas City Attorneys Assn. General Counsel Scott Houston david.escamilla@traviscountytx.gov Rey Arellano Rep. Naishtat Chief of Staff Dorothy Browne Austin City Manager Marc Ott Austin City Council Member Don Zimmerman (2015) Travis County Judge Sarah Eckhardt Cedar Park (TX) City Manager Brenda Eivens (2014) State Sen. Watson Constituent Services Dr. Gerson Council Member Kathie Tovo Austin City Council Member Ora Houston (2015) Austin City Council Member Ann Kitchen (2015) Austin City Council Member Greg Casar (2015) Austin City Council Member Ellen Troxclair (2015) Austin City Council Member Sabino Renteria (2015) Austin City Council Member Delia Garza (2015) Austin City Council Member Leslie Pool (2015) Travis County Commissioner Gerald Daugherty National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) State Comptroller Criminal Investigations Division Chief Martin Cano StateComptrollerSusanCombs Fox 7 (Austin TX) TV News Joyful Heart Foundation for Rape Victims nyuedu Texas Legal legal-aid service (2015) National Center for Victims of Crime Texas Association Against Sexual Assault (2015) Rape Abuse and Incest National Network Statesman News KLRU TV News Editors Keyetv News KXAN TV News Investigations Dallas Police Chief David Brown Houston Chronicle Letters To the Editor Houston Police Dept (2015) Houston Mayor Parker (2015) Leander Police Chief Minton State Rep. Celia Israel (Central TX) State Rep. Tony Dale (Central TX) State Rep. Paul Workman (Central TX) State Senator Charles Schwertner (Central TX) U.S. Rep. Michael McCaul (2015) michael@dell.com Austin Chronicle Editors Austin Police Association (2015) alubomudrov@abor.com lgrant@abor.com jim.clifton@tcole.texas.gov john.beauchamp@tcole.texas.gov psrnatl@psr.org Texas Observer Editors San Antonio Express-News Letters To Editor DMN Austin Bureau Reporter Robert Garrett Civil Rights Office Texas Health Human Services Commission Aurelio Contreras Trevor Glynn Outback Asst Mgr Nick Burton TWC Ombudsman npap@nlg.org CBS News '60 Minutes' Editors and Reporters WallStJournalNewstips Criminal Justice Journalists Board Member Rashbaum steven.rich@washpost.com cheryl.thompson@washpost.com Travis County Criminal Justice/Public Safety Director Human Rights Law Society (U of Chicago) nanciw@gmail.com Safeaustin Info ABA ilpa@utsa.edu ACC President Richard Rhodes CJI@uh.edu Harvard Kennedy School Carr Center for Human Rights Policy Mark Smith texascitassociation@yahoo.com president@citinternational.org
On Sunday, May 15, 2016 2:12 AM, John McMillan wrote:
To: Kim Vickers,
Executive Director,
Texas Commission on Law Enforcement,
6330 East Highway 290,
Suite 200,
Austin, TX 78723-1035
Office phone for your state agency's Office of General Counsel, with Mr. John Beauchamp holding that position: (512) 936-7746.
May 15, 2016
Dear Executive Director Vickers,
Best Wishes to you and your admirably law-enforcement-minded colleagues at your state agency headquarters in Austin----including Mr. Jim Clifton, your highly-esteemed Supervisory Agent for Central Texas Field Operations in Austin and the greater Austin area, with his office phone number being (512) 750-6370.
Executive Director Vickers, I have two respectful follow-up public-policy-minded questions for you and your other first-rate colleagues at your state agency:
(1) Which punitive actions can your state agency legally pursue against one or more officers of a municipal law-enforcement agency in Texas whom your state agency determines to have allegedly committed obstruction of justice or some other flagrant alleged violations of the law through the cited officers' and their police department's repeated refusal to investigate, or to process pertinent DNA-swab crime evidence they have merely been storing at a police substation over a multi-year period, or to arrest any suspect in, a very alarming alleged-continuous-and-continuing-felony-personal-injury-crimes case that your state agency has learned about?
(2) Which punitive actions can your state agency legally pursue against any chief of police or any assistant chief of police in Texas who knowingly over a multi-year period allegedly orders his or her law-enforcement agency's "Crisis Intervention Team" (CIT) to block investigation of a continuous-and-continuing-felony-personal-injury-crimes case in their municipality, with that CIT unit being the only unit assigned to the case by their department, and that CIT unit in the cited hypothetical scenario being "required" or "expected" by the chief or assistant chief to dismiss any and all of the crime victim's criminal-law complaints as "delusional" or "mentally ill" or "false"?
Executive Director Vickers, thank you in advance for your helpful reply note to me on this.
Sincerely and Best Wishes,
from former full-time Texas Department of Public Safety employee John Kevin McMillan of Austin.
Home address: Village Oaks Apartments (a large NW Austin apartment complex reportedly owned and managed by the for-profit "Northland Investment Corporation" of Newton, Mass.), 10926 Jollyville Road, Building 9, Apartment 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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Subject: 11-11-12 courtesy cc: to Mrs. Clinton re: suspected illegal foreign intruder From: John McMillan (at personal E-mail address of "mcmillanj@att.net")
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John Kevin McMillan
(EXPLANATORY NOTE: THE PAYCHECKS I RECEIVED DURING THE PERIOD IN 1979 WHEN I REPORTED FULL-TIME FOR 'THE BROWARD TIMES' IN TAMARAC, FLORIDA, WERE ISSUED BY THE MIAMI HERALD COMPANY--THE MEDIA COMPANY THAT OWNED THAT SEMI-WEEKLY GENERAL-CIRCULATION NEWSPAPER IN SUBURBAN FORT LAUDERDALE.
HOWEVER, I WAS NEVER PROMOTED TO ANY POSITION OF EMPLOYMENT AT 'THE MIAMI HERALD' ITSELF. I DID ATTEND JOB INTERVIEWS FOR A POSITION OF EMPLOYMENT AT 'THE MIAMI HERALD' ON AT LEAST TWO SEPARATE OCCASIONS--IN 1979, AND, LATER, FOR AN INTERNSHIP POSITION, IN 1983 OR 1984 THROUGH AN INTERVIEW I ATTENDED THAT TOOK PLACE AT NORTHWESTERN UNIVERSITY IN EVANSTON, ILLINOIS, AND WAS CONDUCTED BY 'MIAMI HERALD' SUBURBAN-SECTION EDITOR DAVE NELSON AND ONE ALSO-POLITE MALE COLLEAGUE OF HIS. -- jkm)
(From:) Pitts, Leonard (the official E-mail address of Mr. Pitts being "lpitts@miamiherald.com" )
To mcmillanj@att.net (the personal E-mail address for John Kevin McMillan of Austin, Texas)
Today at 7:55 AM
I received your email. Thank you for writing. Please note that I receive a high volume of emails and that a personal response is not always possible, though I and my assistant will do our best.
Also: we don't open unsolicited attachments or respond to forwarded emails sent to mass-distribution lists, profanity, name-calling, or invitations sent via Twitter or LinkedIn.
Yours Truly,
Leonard Pitts, Jr.
Author of Grant Park, Freeman, Before I Forget,
and
Forward From This Moment
John McMillan
(Date and Time:) May 15, 2016, at 7:54 AM
To CIT@memphis.edu Oprah Winfrey In Chicago Senator John Whitmire UT System Vice Chancellor/General Counsel Barry Burghorf Senator Juan Hinojosa State Rep. Todd Hunter Molly White laurau@nami.org ACC President Richard Rhodes Superintendent edna.butts@austinisd.org ylise.janssen@austinisd.org voicesagainstviolence@austin.utexas.edu UT-Austin Institute On Domestic Violence and Sexual Assault USA Today Scott Goldstein Kut News Investigative Reporters and Editors Board Pres. Sarah Cohen (NYT) Center for Investigative Reporting Investigative Reporters and Editors (U of Missouri) Attorney General of Louisiana dsecretary@nesl.edu j.paul@neu.edu webmaster@stcl.edu lawdean@uh.edu Richard Jalowy Blakely@uh.edu TRA General Counsel Kenneth Besserman Newsweek Editors Wind River Crossing GM Ann Coker Hubert Vo International Municipal Lawyers Association Texas City Attorneys Assn. Dir Stutes 2016 Texas City Management Assoc. Board Member Cantu (San Antonio) Texas City Attorneys Assn Dir Bojorquez 2016 Texas City Attorneys Assn. General Counsel Scott Houston Texas City Attorneys Assoc. Pres. (2016) Texas City Attorneys Assoc. VP (2016) Texas City Attorneys Assn Dir Elza2016 Texas City Attorneys Assn Dir Mims 2016 Texas City Attorneys Assn. Recorder (2016) State Bar of Texas Exec. Dir. Michelle Hunter Texas Legislative Council Legal Director Deborah Fulton Texas Legal legal-aid service (2015) University of North Texas at Dallas Pres. Bob Mong Los Angeles Times San Jose Mercury News Editors Miami Herald Letters To Editor lpitts@miamiherald.com ghunt@austincc.edu AMA Council On Ethical&JudicialAffairs Attn. Gloria Steinem Ms. Magazine DenverPostEditors DMN Editorial Page Editor Keven Ann Willey Kathryn.walker@normanok.gov Society of Professional Journalists pgomez@statesman.com Novak Shonda (CMG-Austin) Austin American-Statesman Investigative Reporter Andrea Ball Wind River Crossing Asst Mgr Samantha Redmon pareja@law.unm.edu AGO - Department of Justice Minnesota Center Against Sexual Assault Violence and Abuse Minnesota Attorney General (2016) University of Minnesota Former Governance Team Rep. Donna Massachusetts Coalition Against Sexual Assault Attorney General of Massachusetts MITProgram On HumanRights&Justice Attorney General of Colorado Chicago Tribune Newstips The Progressive Magazine The London Times Letters To Editor Cambridge University Dept. of Politics & International Studies kimberly.flores@westdale.com Texas Tribune Editor In Chief Evan Smith Dailytexanonline News Austin American-Statesman Editor Debbie Hiott Atlanta Journal-Constitution Newstips Atlanta (GA) Police Dept Webmaster City Government of Atlanta (GA) Boston (MA) Mayor 2016 Patriot Ledger News Editors Matt Bernstein Boston Globe (2016) Bennie DiNardo Irish Times (Dublin) Newstips British Embassy Public Affairs Team (D.C.) Mass. Dist. Attorneys Assn. Ccr Ny Info Keyetv News Fort Worth City Manager David Cooke (2014) Fort Worth Star-Telegram Newstips Texas Dept of Aging and Disability Services General Counsel Owens Hays County Attorney Mark Kennedy Austin Regional Crime and Terrorism Intelligence Center Alta Ochiltree Attorney General of New York Missouri Attorney General The Associated Press Texas Associated Press Managing Editors Association (2015) Time Magazine Editors
On Sunday, May 15, 2016 7:54 AM, John McMillan wrote:
A respectful FYI to each of you on the following,
from current criminal-law complainant John Kevin McMillan of Austin, Texas, with the most recent crime report from me to the Austin Police Department---submitted by me on May 13, 2016, from the SafePlace facility in south Austin---having been assigned by APD the official identification number of 16-1340923. The officially cited time on that crime report from me to APD was 1:37 p.m. that Friday.
During that visit of mine to SafePlace on Friday, I was informed in person at 2:25 p.m. by an APD female officer, Officer Acosta (Badge Number 5805), that Detective (Jeff) Dwyer (Badge Number 3435) of APD's Sex Crimes Unit had stated on the phone minutes before that the APD Sex Crimes Unit would NOT approve any SAFE (Sexual Assault Forensic Exam) on me at that facility that day.
Home phone: (512) 342-2295.
My Blog:
John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
image
John Kevin McMillan: A 21st Century Conservative Left-...
Subject: 11-11-12 courtesy cc: to Mrs. Clinton re: suspected illegal foreign intruder From: John McMillan (at personal E-mail address of "mcmillanj@att.net")
View on www.johnkevinmcmill...
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John Kevin McMillan
On Sunday, May 15, 2016 2:12 AM, John McMillan wrote:
To: Kim Vickers,
Executive Director,
Texas Commission on Law Enforcement,
6330 East Highway 290,
Suite 200,
Austin, TX 78723-1035
Office phone for your state agency's Office of General Counsel, with Mr. John Beauchamp holding that position: (512) 936-7746.
May 15, 2016
Dear Executive Director Vickers,
Best Wishes to you and your admirably law-enforcement-minded colleagues at your state agency headquarters in Austin----including Mr. Jim Clifton, your highly-esteemed Supervisory Agent for Central Texas Field Operations in Austin and the greater Austin area, with his office phone number being (512) 750-6370.
Executive Director Vickers, I have two respectful follow-up public-policy-minded questions for you and your other first-rate colleagues at your state agency:
(1) Which punitive actions can your state agency legally pursue against one or more officers of a municipal law-enforcement agency in Texas whom your state agency determines to have allegedly committed obstruction of justice or some other flagrant alleged violations of the law through the cited officers' and their police department's repeated refusal to investigate, or to process pertinent DNA-swab crime evidence they have merely been storing at a police substation over a multi-year period, or to arrest any suspect in, a very alarming alleged-continuous-and-continuing-felony-personal-injury-crimes case that your state agency has learned about?
(2) Which punitive actions can your state agency legally pursue against any chief of police or any assistant chief of police in Texas who knowingly over a multi-year period allegedly orders his or her law-enforcement agency's "Crisis Intervention Team" (CIT) to block investigation of a continuous-and-continuing-felony-personal-injury-crimes case in their municipality, with that CIT unit being the only unit assigned to the case by their department, and that CIT unit in the cited hypothetical scenario being "required" or "expected" by the chief or assistant chief to dismiss any and all of the crime victim's criminal-law complaints as "delusional" or "mentally ill" or "false"?
Executive Director Vickers, thank you in advance for your helpful reply note to me on this.
Sincerely and Best Wishes,
from former full-time Texas Department of Public Safety employee John Kevin McMillan of Austin.
Home address: Village Oaks Apartments (a large NW Austin apartment complex reportedly owned and managed by the for-profit "Northland Investment Corporation" of Newton, Mass.), 10926 Jollyville Road, Building 9, Apartment 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
image
John Kevin McMillan: A 21st Century Conservative Left-...
Subject: 11-11-12 courtesy cc: to Mrs. Clinton re: suspected illegal foreign intruder From: John McMillan (at personal E-mail address of "mcmillanj@att.net")
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John Kevin McMillan