ATTORNEY GENERAL OF TEXAS RAISES ISSUE IN WRITING OF WHETHER THE TEXAS DEPARTMENT OF PUBLIC SAFETY ALLEGEDLY VIOLATED STATE LAW BY ALLEGEDLY FAILING TO REPLY IN WRITING TO A RECENT PUBLIC-INFORMATION REQUEST FROM FORMER TEXAS DPS FULL-TIME EMPLOYEE JOHN KEVIN McMILLAN OF AUSTIN

(NOTE: A COPY OF THE FOLLOWING UNSIGNED OFFICIAL LEGAL LETTER ON OFFICIAL STATIONERY OF THE ATTORNEY GENERAL OF TEXAS STATE AGENCY IN AUSTIN WAS RECEIVED ON SATURDAY, OCTOBER 22, 2016, BY THE CITED PUBLIC INFORMATION REQUESTOR, JOHN KEVIN McMILLAN OF NORTHWEST AUSTIN, THROUGH U.S. POSTAL SERVICE MAIL DELIVERY THAT DAY TO THE APARTMENT COMPLEX-PROVIDED MAILBOX FOR HIS AND HIS ONE TOTAL APARTMENT-MANAGEMENT-TEAM-APPROVED OFFICIAL ROOMMATE'S APARTMENT UNIT, APARTMENT 902 AT VILLAGE OAKS APARTMENTS, 10926 JOLLYVILLE ROAD IN AUSTIN. -- jkm)

"KEN PAXTON
"ATTORNEY GENERAL OF TEXAS

"October 20, 2016

"Ms. Molly Cost
"Assistant General Counsel
"Texas Department of Public Safety
"P.O. Box 4087
"Austin, Texas 78773-0001

"Dear Ms. Cost:

"The Office of the Attorney General (the 'OAG') has received a complaint from John K. McMillan alleging the Texas Department of Public Safety has failed to respond appropriately to a request for information. The complaint was assigned ID# 639300.

"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 the 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 K. McMillan
"10926 Jollyville Road, #902
"Austin, Texas 78759
"(w/o enclosure)"

(EXPLANATORY NOTE: THE FOLLOWING IS THE EXACT VERBATIM TEXT OF THE SEPTEMBER 23, 2016-DATED E-MAIL PUBLIC INFORMATION REQUEST TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY STATE LAW-ENFORCEMENT AGENCY IN AUSTIN THAT ALLEGEDLY PROMPTED THAT STATE AGENCY TO VIOLATE THE STATE LAW THAT REQUIRES A GOVERNMENT AGENCY IN TEXAS TO PROVIDE A WRITTEN RESPONSE TO A PUBLIC-INFORMATION REQUEST THAT CONTAINS ANY AND ALL RESPONSIVE DOCUMENTS WITHIN 10 WORKING DAYS OF RECEIPT OF THAT REQUEST.)

On Friday, September 23, 2016 11:33 PM, John McMillan (at e-mail address of "mcmillanj@att.net") wrote:

"To: Public Information Coordinator,
"Texas Department of Public Safety state agency,
"P.O. Box 4087, Austin, TX 78773-0140.
"Street address: 5805 North Lamar Boulevard, Austin, Texas.
"FAX: 512-424-5716.
"E-mail: OGC.Webmaster@dps.texas.gov

"September 23, 2016

"Dear Texas DPS Public Information Coordinator,

"This is a Texas Open Records request in which I seek to obtain from your state agency in Austin a copy of any and all written communications, including E-mail communications or reports or letters or memoranda or arrest records, that referred to myself, John Kevin McMillan of Austin, in any manner or context, and that were each written or generated or received or forwarded or sent or mailed or e-mailed or FAXed at any time since 12:01 a.m. April 17, 2011, by any staff member or administrator or trooper or detective or official or attorney employed in the 'Texas Department of Public Safety Intelligence and CounterTerrorism' unit in Austin.

"This public information request was prompted by an E-mail letter generated by your state agency that I recently obtained from the UT-Austin Police Department through a public-information request I submitted this year to UT-Austin's Administration.

"I am referring to the E-mail letter that Charles McInnis, a 'Program Supervisor II' employed in your state agency's 'Intelligence and CounterTerrorism' unit, wrote on June 27, 2012, in which he referred to myself by name and correctly cited my full exact Texas driver's license number.

"My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska.

"I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.

"I was employed full-time as a clerical employee of the Texas DPS Motor Carrier Bureau along Guadalupe Street from the fall of 1997 through the fall of 1998.

"I myself do not have any criminal-conviction record, as I am very sure your state agency is fully aware, and I am gainfully employed these days in wholesome family-friendly business workplaces in Austin.

"I am also the founder and only current approved member of a new and non-Christian 'Honor Society' religion, the anti-alcohol and anti-tobacco and anti-marijuana-minded and anti-facial-hair-minded and anti-tattoos-minded and anti-anonymous-communications-minded "Progressive Prohibitionist Religion", that has very stringent membership-eligibility guidelines.

"During the multi-year time period applicable to this public information request, I myself resided as an official rent-paying tenant at the following apartment units or hotel rooms:

"---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759. I resided in that particular apartment unit from January 2002 until July 29, 2015, when my lease to reside there expired.

"---Crossland Economy Studios, 12621 Hymeadow Road, Room 133, Austin, Texas, 78729. I officially resided at this particular Extended Stay America hotel and efficiency apartments facility in Williamson County, Texas, from July 29, 2015, until late September 2015.

"---Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759. I have resided in this unit as an official rent-paying single adult male tenant and as an apartment-management-team-approved official roommate of Mr. 'Brett Andrew Meyer', a self-identified 'currently registered official student at Austin Community College', ever since late September 2015.

"I hope to hear from you soon in response to this public-information request from myself.

"Incidentally, please let me know as soon as possible if you sense that you might have to charge me more than $20 in administrative fees you expect to incur from processing this public-information request from myself.

"Sincerely and Best Wishes,

"John Kevin McMillan, a former resident of the Boston area of Massachusetts who is myself a certified direct descendant of the Rev. William Brewster---the great Puritan religious leader who served as Head Chaplain on the Mayflower and as an adviser to Plymouth Colony Governor William Bradford in what is now the U.S. Commonwealth of Massachusetts.

"My home address: Village Oaks Apts. (a NW Austin apartment complex reportedly owned by a for-profit corporation headquartered in Newton, Mass.), 10926 Jollyville Rd., Building 9, Apt. 902, Austin, Texas, 78759.
"Home phone: (512) 342-2295.
"My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda Observations for a rationally religious and implicitly deistic modern religion, public-policy writing, creative ...
"John Kevin McMillan"