Wednesday, September 14, 2016

UNITED STATES OFFICE OF GOVERNMENT ETHICS OF THE FEDERAL GOVERNMENT IN WASHNGTON, D.C., SENDS SEPTEMBER 12, 2016, REPLY E-MAIL NOTE TO COMPLAINANT JOHN KEVIN McMILLAN OF AUSTIN, STATING THAT THAT FEDERAL AGENCY HAS NO JURISDICTION OVER ALLEGED UNETHICAL OR ALLEGED ILLEGAL CONDUCT TOWARD MYSELF BY THE CITY GOVERNMENT OF AUSTIN IN AUSTIN, TEXAS, THAT FEDERAL AGENCY STATED IN WRITING




On Monday, September 12, 2016 1:21 PM, Contact OGE wrote:

Dear Mr. McMillan:

This is in response to your e-mail to the United States Office of Government Ethics (OGE).

While we appreciate your e-mail, OGE was established by the Ethics in Government Act of 1978 to be the office responsible for setting policies aimed at the prevention of conflicts of interest in the executive branch of the Federal Government. OGE, a small agency within the executive branch, assists other executive branch departments and agencies to implement ethics rules and policies that deal with conflict-of-interest laws, post-employment restrictions, the standards of ethical conduct, and the public and confidential financial disclosure systems for executive branch federal employees.

OGE’s jurisdiction extends only to the specific ethics issues described above within the executive branch of the U.S. Government. OGE does not undertake for investigation the allegations of misconduct of the type you describe in your e-mail. In most cases, it would be the Inspector General of the department or agency involved who would determine whether to investigate such alleged misconduct. In addition, in appropriate cases, the Federal Bureau of Investigation of the Department of Justice may determine to investigate alleged misconduct of federal employees.

We regret that this office could not be of further assistance.

Thank you.

Contact OGE

U.S. Office of Government Ethics

From: John McMillan [mailto:mcmillanj@att.net]

Sent: Monday, September 12, 2016 12:51 AM

To: usaeo.VictimOmbudsman@usdoj.gov; jobs@globalintegrity.org; nrp@citistates.com; jmanning@naag.org; aely@naag.org; public.integrity@ag.ny.gov; 4answers@macfound.org; capi@law.columbia.edu; mgary@transparency.org; jmarin@transparency.org; Investigative Reporters and Editors Board Member T. Christian Miller (D.C.); Propublica Info; ProPublica Public-Interest Journalism Ideas (2016); president@scu.edu; aalfieri@law.miami.edu; ecarter1@law.miami.edu; info@usmayors.org; mfields@vml.org; webmaster@alalm.org; bclaw@xmission.com; kbullock@ulct.org; ford@tml.org; heather@tml.org; secretary@uptexas.org; mbledsoe@shenandoahtx.us; jchancellor@shenandoahtx.us; Scates@mexia.edc.com; belinda.willis@mansfieldtexas.gov; webmaster@garlandtx.gov; memberservices@nlc.org; Contact OGE; info@gmanet.com; edaigneau@governing.com; zpatton@governing.com; aehrenhalt@governing.com; aac@ncl.org; Unknown National; Fbinaa Info; Office for Victims of Crime (U.S. DOJ); U.S. President Barack Obama; Southern Association of Colleges and Schools Commission On Colleges 2016; Texas City Attorneys Assoc. Pres. (2016); Lori Carter; Travis County Repub DA Cand. Phelan (2016); margaretforda@gamail.com; Spanish Embassy (Washington D.C.); Center for Public Integrity; Public Integrity Officials; cheryl.thompson@washpost.com; steven.rich@washpost.com; DMN Editorial Page Editor Keven Ann Willey; Governor's Office of Texas Open Records Administrator; Public Information; Usnews Webmaster; WallStJournalNewstips; FBI Dallas Bureau; U.S. Department of Homeland Security; NBC Nightly News Headqrtrs 2016; Fox 7 (Austin TX) TV News; Keyetv News; law-webmaster@uiowa.edu; lawcomm@umn.edu; City of Winnipeg Govt. Officials; webmaster@democrats.org; info@gop.com; American Spectator Political Magazine; Los Angeles Times; Pancho Gomez American-Statesman (2016); Texas Observer Editors; Texas Monthly Story-Assignments Editor John Broders; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon); CountyAttorneyDavidEscamilla; David Maxwell; Center for Journalism Ethics (U of Wisc.); University of Minnesota Professor of Media Ethics and Law Jane Kirtley; Center for Investigative Reporting; Azcir Info; Texaswatchdog News; KXAN TV News Investigations; TheNationMagazineEditors; Dissent Magazine (NYC); Slate Magazine (Wash Post) NYC office; Slate Magazine (Wash Post) DC Office; Texas City Attorneys Assn Dir Elza2016; Georganne Rogers; lawcommunications@emory.edu; Harvard Kennedy School Carr Center for Human Rights Policy; San Antonio Express-News Letters To Editor; don@590klbj.com; todd@590klbj.com; jeff@590klbj.com; Kut News; KLRU TV News Editors; Aclutx Info

Subject: Fw: 8-12-16 City Attorney's Office Open Records

A respectful FYI to each of you on the following civilly-worded legal letter of complaint of mine against the Public Information Office of the City Government of Austin in Austin, Texas, that I have filed on Sept. 9, 2016, with the Attorney General of Texas state agency in Austin.

I would also like to take this opportunity to politely request that the recipient of this E-mail correspondence from myself who is employed with the City of Mexia in Mexia, Texas, please forward all of this to Mexia City Council Member Judy Chambers in her capacity as an official of the Texas Association of Mayors, Council Members and Commissioners.

I am also requesting that the recipient of this e-mail correspondence who is employed with the City Government of Garland in Garland, Texas, please forward all of this to Richard Briley, an official of your municipal government who serves as an officer of the Texas Association of Municipal Health Officials.

Also, I am requesting at this time that the recipient of this e-mail letter who is employed with the City of University Park, Texas, please forward all of this to your city official colleague Luanne Hanford in her capacity as an officer of the Texas Municipal Human Resources Association.

I am also asking that Officer Bledsoe of the Shenandoah Police Department in Shenandoah, Texas, please forward all of this E-mail correspondence to your city's highly-esteemed Police Chief, Chief John Chancellor, in his capacity as an officer of the Texas Police Chiefs Association.

I would also be very grateful if any of you officials of the Texas Municipal League would please forward a copy of this E-mail correspondence from myself to the Texas Municipal League President, Mayor C.J. Wax of Rockport, Texas, and to the Texas Municipal League President-Elect, Mayor Mary M. Dennis of Live Oak, Texas, respectively.

I would also greatly appreciate it if any of you officials with the very influential and widely-respected Texas Municipal League would please share all of this E-mail correspondence of mine with Joyce Dailey, the Rockdale mayor who currently serves as Highland Lakes-area and Austin-area Region 10 representative with the Texas Municipal League.

Any reply note or observations or suggestions that any of you are willing to offer me on any aspect of this e-mail correspondence of mine would be greatly appreciated.

Sincerely and Best Wishes,

from current criminal-law complainant and civil-law complainant and former full-time newspaper reporter John Kevin McMillan of Austin, Texas.

Home phone: (512) 342-2295.

My Blog: http://www.johnkevinmcmillan.blogspot.com

John Kevin McMillan

On Friday, September 9, 2016 8:46 PM, John McMillan wrote:

To: Ms. Tamara Smith, Assistant Attorney General, Open Records Division, Attorney General of Texas state agency, P.O. Box 12548, Austin, Texas, 78711. State agency office phone number: (512) 463-2100.

September 9, 2016

Dear Assistant Attorney General Smith,

Best Wishes to yourself and your other noble colleagues with your State of Texas agency as you strive to promote and insist on diligently law-abiding and honorable and honest conduct by government-owned institutions and agencies operating in Texas.

This is a legal letter of complaint that I seek to file through your Open Records Division at this time against the City Government of Austin Public Information Office.

Please note, below, that I have not received any reply from the City of Austin Public Information Office or City Attorney's Office in response to the following (below) August 12, 2016-dated e-mail public-information request that I sent that day to the public information coordinator for the City Government of Austin.

In fact, the ONLY reply notes from any City of Austin employee or City of Austin official that I received in response to my August 12, 2016-dated e-mail public information request to the City of Austin Public Information Office came from two recipients of courtesy carbon-copies I had sent on that e-mail letter of mine: District 8 Austin City Council Member Ellen Troxclair and Commander Michael Eveleth of the Austin Police Department's Violent Crimes I Unit in Austin, respectively. I greatly appreciate the reply notes I received from those two City of Austin officials.

Each of those two reply e-mail notes were apparently computer-generated "automatic reply" messages that were sent to me and conveyed an apparent official acknowledgement on behalf of the City of Austin that the City had, in fact, received that public-information request from myself.

In e-mailing my August 12-dated public-information request, I used the official E-mail address for Open Records requests to the City of Austin --- "public.information@austintexas.gov".

The street address and other contact information for that office are: CITY OF AUSTIN PUBLIC INFORMATION OFFICE, 301 WEST SECOND STREET, AUSTIN, TEXAS, 78701. OFFICE PHONE: (512) 974-2220. OFFICE FAX: 512-974-2405.

I maintain that the City Government of Austin may have allegedly and flagrantly violated state law by failing to provide me with any of the requested legal documents from the City Attorney's Office in Austin within 10 working days of the City's receipt of the August 12, 2016-dated public-information request from myself.

I hope to hear from you soon in response to this civilly-worded legal complaint of mine against the City of Austin Public Information Office in Austin, Texas.

Sincerely and Best Wishes,

John Kevin McMillan, public-information requestor.
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 Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda
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John Kevin McMillan

On Monday, September 5, 2016 9:27 PM, John McMillan wrote:

September 5, 2016

Dear Open Records Coordinator for the City of Austin in Austin, Texas,

More than 10 working days have passed since I wrote and E-mailed to you the following (below) civilly-worded August 12, 2016-dated Texas Open Records request from myself.

As you know, the Texas Open Records Act requires that a government agency such as the City Government of Austin must provide to the requestor of information (myself, for instance) a written response containing all responsive documents, if any, within 10 working days of receipt of a written public information request from that individual.

I would appreciate receiving a reply note from you about this very alarming alleged possible violation of state law by the City Government of Austin.

Sincerely and Best Wishes,

John Kevin McMillan of Austin.

Home phone: (512) 342-2295.

John Kevin McMillan

On Friday, August 12, 2016 1:59 AM, John McMillan wrote:

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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