"KEN PAXTON
"ATTORNEY GENERAL OF TEXAS
"Post Office Box 12548, Austin, Texas 78711-2548 * (Phone:) (512) 463-2100 * www.texasattorneygeneral.gov
"June 28, 2016
"Ms. Elaine Nicholson
"Assistant City Attorney
"Law Department
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"OR (OPEN RECORDS) 2016-14717
"Dear Ms. Nicholson:
"You ask (in your May 20, 2016-dated and signed legal letter to Attorney General Paxton) 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# 620301.
"The City of Austin (the "city") (officially) received (on May 10, 2016) a (May 9, 2016-dated E-mail) request for all documents (generated or sent by the City Attorney's Office in Austin) referencing the requestor (John Kevin McMillan of Austin, Texas) during a specified time period (of 2016 only). You claim some of the requested information is excepted from disclosure under section 552.107 of the Government Code. We have considered the raised argument and reviewed the submitted representative sample of information. (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 552.3019(e)(1)(D),.302; Open Records Decision Nos. 449 at 6 (1988), 497 at 4 (1988).
...
"You state the information you have marked consists of communications (directly referring to Austin resident John Kevin McMillan) 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.
"This letter 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 those 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 Office of the Attorney General, toll free, at (888) 672-6787.
"Sincerely,
"Kelly McWethy
"Assistant Attorney General
"Open Records Division
"KSM/eb
"Ref: ID# 620301
"Enc. Submitted documents
"c:Requestor (John Kevin McMillan of Austin, Texas) (w/o enclosures)"
(NOTE: THE FOLLOWING IS THE ENTIRE VERBATIM MAY 9, 2016-DATED OPEN RECORDS REQUEST FROM JOHN KEVIN McMILLAN OF AUSTIN THAT PROMPTED THE CITY ATTORNEY'S OFFICE IN AUSTIN TO REQUEST A RULING FROM THE ATTORNEY GENERAL OF TEXAS ON THIS. --- jkm)
On Monday, May 9, 2016 9:59 PM, John McMillan
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 Blog: 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.
John Kevin McMillan
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