"Ken Paxton
"ATTORNEY GENERAL OF TEXAS
"September 16, 2016
"Ms. Cary Grace
"Assistant City Attorney
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767
"Dear Ms. Grace:
"The Office of the Attorney General (the "OAG") has received a complaint from John Kevin McMillan alleging the City of Austin has failed to respond appropriately to a (August 12, 2016-dated e-mail) request for information (see below---jkm). The request was assigned ID# 634580.
"The Public Information Act (the "Act"), chapter 552 of the Government Code, requires a governmental body to release requested public information that it collects, assembles, maintains, or has right of access to, or to request a ruling from this office as to the applicability of exceptions to the Act. Our records do not indicate a request for an attorney general's decision has been made in accordance with section 552.301 of the Act.
"The OAG has civil enforcement authority under the Act. Although our office takes that responsibility seriously, we prefer to work with parties to try and resolve complaints informally if at all possible. The easiest way to resolve this open records complaint is to release the information that was requested, provided the requested information is not confidential by law.
"Please contact the Education and Enforcement Section of the Open Records Division within ten business days at (877) 673-6839 or at (512) 936-6736 to discuss the resolution of this situation.
"If the requested information has been or will be released to the requestor, please so indicate by completing the top portion of the attached certification form.
"In the alternative, if you have no information responsive to the request, please so indicate by completing the second portion of the attached form.
"Similarly, if you believe that responsive information is excepted from disclosure and have requested or will request an attorney general's decision, please indicate that on the attached form. The form may be sent by facsimile to the Education and Enforcement Section at (512) 481-1992.
"Thank you for your prompt attention to this matter.
"Sincerely,
"Education and Enforcement Section
"Open Records Division
"Enclosure
"c: Mr. John Kevin McMillan
10926 Jollyville Road, #902
Austin, Texas 78759
(w/o enclosure)"
__________________
(THE FOLLOWING PUBLIC-INFORMATION REQUEST WAS WRITTEN BY JOHN KEVIN McMILLAN OF AUSTIN, TEXAS, AND E-MAILED TO THE CITY OF AUSTIN PUBLIC INFORMATION OFFICE ON AUGUST 12, 2016, WITHOUT THE CITY OF AUSTIN PUBLIC INFORMATION OFFICE OR CITY ATTORNEY'S OFFICE IN AUSTIN EVER PROVIDING ANY WRITTEN RESPONSE OF ANY TYPE TO THE REQUESTOR. --jkm)
John McMillan
To public.information@austintexas.gov Texas Rangers Division of DPS Lori Carter Public Information CountyAttorneyDavidEscamilla Governor's Office of Texas Open Records Administrator Austin Mayor Steve Adler Austin City Council Member Delia Garza (2015) District 5 Council Member Kathie Tovo district8@austintexas.gov Keyetv News Fox 7 (Austin TX) TV News KXAN TV News Investigations DMN Austin Bureau Reporter Robert Garrett Austin Chronicle Editors Statesman News Michael Eveleth FBI Dallas Bureau Travis County Judge Sarah Eckhardt gerald.daugherty@traviscountytx.gov U.S. Department of Homeland Security Travis County Sheriff's Officers Assn Austin Board of Realtors Lara2015 Greg Hamilton Roger Dean Office for Victims of Crime (U.S. DOJ) Texas DPS Office of General Counsel
(Subject:) 8-12-16 City Attorney's Office Open Records
On Friday, August 12, 2016 1:59 AM, John McMillan
TO: CITY OF AUSTIN PUBLIC INFORMATION OFFICE, 301 WEST SECOND STREET, AUSTIN, TEXAS, 78701. OFFICE PHONE: (512) 974-2220. OFFICE FAX: 512-974-2405.
August 12, 2016
To: City of Austin Open Records Coordinator,
August 12, 2016
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 computer records or e-mail communications or phone messages generated or written or compiled or sent or received, or forwarded on behalf of or by any attorney or administrator or other staff member employed in or by the City of Austin Law Department at any time since 8 a.m. Feb. 15, 2016, and that, in each and every applicable case, referred at least once to myself, John Kevin McMillan of Austin, Texas, in any manner.
EXCLUDED FROM THE SCOPE OF THIS PUBLIC-INFORMATION REQUEST ARE ANY AND ALL DOCUMENTS THAT WERE EXCLUSIVELY OR SOLELY WRITTEN BY MYSELF, JOHN KEVIN McMILLAN OF AUSTIN.
ALSO EXCLUDED FROM THE SCOPE OF THIS PUBLIC-INFORMATION REQUEST ARE ANY AND ALL DOCUMENTS THAT THE CITY OF AUSTIN HAS ALREADY PROVIDED TO ME IN RESPONSE TO PREVIOUS OPEN RECORDS REQUESTS I HAVE SUBMITTED TO THE CITY THAT WERE FOCUSED ON THE CITY ATTORNEY'S OFFICE AND MYSELF.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska.
I am a gainfully employed single adult white male Austin resident, and I myself do not have any criminal-conviction record. I lead a permanently alcohol-free, longtime-celibate-by-choice, single-by-choice, lifelong-tobacco-free, permanently marijuana-free and permanently illicit-drug-free, lifelong-tattoo-less, facially-cleanshaven (no beard, no mustache, no goatee, etc.), dependably civil and law-abiding and honest, clean-talking (no profanity by me in my everyday conversations with other persons), lawfully non-Christian lifestyle here in Austin.
I have resided ever since late September 2015 at Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Among the insights I hope to glean through this public-information request are:
---What might explain why apparently dozens of City of Austin employees in at least seven different departments or offices of the City---including the City's Public Information Office, the Austin Police Department, the Office of the Police Monitor, the Human Resources Department, the City Manager's Office, the City Clerk's Office, and various employees of the City Attorney's Office itself----have each felt a need to consult an attorney or paralegal in the City Attorney's Office here about me in recent years?
---Has the City Attorney's Office determined that any conduct relating to myself or referring to myself by any City of Austin employee might have possibly violated the law in any way?
---Is the City Attorney's Office aware that the Austin Police Department apparently has never on any occasion arrested any suspect and then formally charged that individual with having wronged me in violation of the state penal code of Texas?
---Has the City Attorney's Office ever acknowledged in writing at any time that I myself have been and continue to be victimized by alleged personal-injury-crimes and alleged anal-rape-crimes, the latter of which have been allegedly inflicted on me on a daily and year-round and multi-year basis exclusively during periods when I myself am lying alone, unconscious and probably also snoring, on my own bed inside my locked private bedroom of my bolt-locked rental apartment unit?
---Has the City Attorney's Office's frequent production or generation of legal documents referring to myself by name over a very recent multi-year period ever been mentioned at any City of Austin-sponsored press conference?
---Why hasn't the City Attorney of Austin ever mentioned me by name in any context at any Austin City Council meeting?
---Has the City Attorney's Office in Austin ever at any time identified any possible legal-liability issue facing the City Government of Austin that refers to myself or relates to myself in any way?
----Has the City Attorney of Austin determined that there may be a need for an outside investigation of the level of propriety or level of compliance with the law exhibited by one or more Austin Police Department officers in conduct of theirs that relates to myself in any way?
---Is City Attorney Anne Morgan aware that I have experienced frequent anal soreness, including tonight, throughout the most recent five-year-period, despite my leading a high-fiber diet and despite my pursuing a fair amount of exercise through my career duties at three different restaurants and my pursuit of hiking to and from bus stops and to and from stores in northwest Austin.
I hope to hear from you soon in response to this public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan,
Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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