TEXAS COMMISSION ON LAW ENFORCEMENT STATE AGENCY, IN A MAY 16, 2016, REPLY E-MAIL LETTER TO PRIVATE CITIZEN AND CRIMINAL-LAW COMPLAINANT JOHN KEVIN McMILLAN OF AUSTIN, CITES MAJOR RESTRICTIONS ON THAT STATE AGENCY'S LEGAL AUTHORIZATION FROM THE TEXAS LEGISLATURE TO INVESTIGATE A COMPLAINT FROM A PRIVATE CITIZEN SUCH AS Mr. MCMILLAN AGAINST A POLICE OFFICER OR MUNICIPAL POLICE DEPARTMENT IN TEXAS

(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.

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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.
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