"The University of Texas System
"Fourteen Institutions Unlimited Possibilities
"Office of General Counsel
"201 West 7th Street, Suite 600
"Austin, Texas 78701-2901
"512-499-4462 (office phone)
"FAX 512-499-4523
"www.UTSYSTEM.EDU
"(From:) Jennifer Burnett
"Attorney & Public Information Coordinator
"September 19, 2016
"(To:) Justin Gordon
"Division Chief
"Open Records Division
"Price Daniel Building
"209 W. 14th Street, 6th Floor
"Austin, Texas 78701
"Re: Addendum to Public Information Request #7 from John McMillan to The University of Texas at Austin -- AG ID#634464 (OGC# 171792)
"Dear Mr. Gordon:
"On September 13, 2016, The University of Texas System ("System") requested an open records ruling on behalf of The University of Texas at Austin ("University") regarding a request for information from John McMillan ("Requestor") assigned AG ID#634464 by your office. We now submit our final briefing on this matter.
"The University has released some information to the requestor (John Kevin McMillan of northwest Austin). The University asserts the remaining responsive information, submitted as TAB 4, is protected from disclosure under section 552.107 of the Public Information Act ("Act").
" Section 552.107 of the Texas Government Code
"The University asserts the information we have marked in TAB 4 is protected under 552.107 of the Act. Section 552.107(1) of the Texas Government Code protects information from public disclosure if it is prohibited from disclosure by 'a duty to the client under the Texas Rules of Evidence or the Texas Disciplinary Rules of Professional Conduct'. TEX. GOV'T CODE 552.107(1). As discussed below, Attorney General open records decisions have specifically cited Rule 503 of the Texas Rules of Evidence ('Rule 503') in regards to attorney-client privilege or Rule 192.5 of the Texas Rules of Civil Procedure when considering core work product. See also, TEX. DISCIPLINARY R. OF PROF'L CONDUCT 1.05. These rules also extend to the exception to disclosure under 552.107 of the Texas Government Code.
"Under Rule 503, the privilege extends to a 'client' or any 'representative of a client.' TEX. R. EVID. 503(b). A representative of a client is a 'person having authority to obtain professional legal services, or to act on advice thereby rendered, on behalf of the client, or any other person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client.' Id. 503(a)(2). Open Records Decision No. 676 examines the scope of 552.107(1) and holds, 'information that is protected under Texas Rules of Evidence 503 is excepted from disclosure under Section 552.107(1)." Open Record Decision No. 676 (2002).
"Open Records Decision No. 676 also states that '(a)n attorney for a governmental body has an independent duty of confidentiality for information subject to the attorney-client privilege as defined in Texas Rule of Evidence 503.' Id. Continuing, the decision states, '(a) governmental body has as much right as a private individual to consult with its attorney without risking the disclosure of communications protected by attorney-client privilege.' Id. Further, 552.107(1) protects the contents of the entire document containing privileged communications and not just portions designated as legal analysis or recommendations. Harlandale ISD v. Cornyn, 25 S.W. 3d 328 (Tex. App. -- Austin 2000, pet. denied).
"In the marked documents, attorneys for the University are providing legal counsel, gathering information in order to provide legal counsel, or their clients are seeking legal advice from them and includes the necessary background information so that counsel will be able to render an opinion on a given situation. From the text of the communications, it is evident that the attorneys for the University were involved in providing legal counsel to the University. We have included a matrix within TAB 5 that explains their roles within the attorney-client privilege; all are personnel of the University, and/or are their representatives, and the issues of concern raised in these documents are within the course and scope of their employment and/or service to the University. Thus, these individuals are clients with the authority to obtain legal advice and act on such advice as provided by the attorneys in their capacity as legal counsel. In addition, the privilege extends to the representatives of the attorneys and clients. Finally, the information has been kept confidential and these documents were maintained only by and between the persons identified and protected by the privilege. They were not intended to be, and have not been, disclosed to parties other than those encompassed by the protection of the attorney-client privilege.
"The University has the burden of demonstrating how and why responsive information is excepted under the attorney-client privilege and must show that the responsive documents include confidential communications 'to, from, or between representatives of the client governmental body, made for the purpose of effectuating legal representation for it, and the subject matter must pertain to the performance by each client representative of the duties of his or her employment.' See Open Records Decision No. 676 (2002). We believe we have provided your office with evidence sufficient to meet this burden.
"The marked information relates to documents created and communicated by attorneys for the University to provide legal advice or by a client seeking legal advice within the course and scope of the party's employment or official capacity. Thus, it is our position that the marked information is confidential and privileged from disclosure and discovery under 552.107 of the Texas Government Code.
" Conclusion
"The University respectfully requests that the Attorney General review the arguments presented in this brief and issue a ruling that certain information is protected from disclosure under section 552.107 of the Act.
"All interested parties are listed below. If you need additional information, please do not hesitate to contact me at (512) 579-5187.
"Sincerely,
"Jennifer Burnett
"INTERESTED PARTIES:
"CC: Requestor: (w/o Enclosures)
"John McMillan
"11411 Research Boulevard (sic)
"Apt# 325 (sic)
"Austin, TX 78759
"mcmillanj@att.net"
________________________
(EXPLANATORY NOTE FROM REQUESTOR: THE FOLLOWING IS THE AUGUST 28, 2016-DATED E-MAIL PUBLIC-INFORMATION REQUEST TO THE UNIVERSITY OF TEXAS AT AUSTIN THAT PROMPTED THE ABOVE LETTER OF APPEAL ON BEHALF OF UT-AUSTIN THAT WAS MAILED TO THE ATTORNEY GENERAL OF TEXAS IN AUSTIN. -- jkm)
On Sunday, August 28, 2016 10:05 PM, John McMillan
To: Senior Vice President and Chief Financial Officer and Open Records Coordinator,
The University of Texas at Austin,
P.O. Box 8179,
Austin, Texas, 78713-8179
(Street address: Main Building, Suite 102, G4900, Austin, Texas, 78712.)
Phone: (512) 471-1422
FAX: 512-471-7742
E-mail: cfo@austin.utexas.edu
August 28, 2016
Dear Open Records Coordinator for UT-Austin,
This is a Texas Open Records request in which I seek to obtain a copy of any and all e-mail correspondence or letters or memoranda or reports or crime reports or court rulings or other written documents received or generated or written or authored or sent or forwarded or FAXed by any official or officer or staff member of the University of Texas at Austin Police Department at any time since 12:01 a.m. April 17, 2011, and that, in each and every such case, refers at least once in any manner to myself, John Kevin McMillan of Austin.
EXCLUDED from the scope of this public-information request are any and all documents that were authored exclusively and solely by myself, John Kevin McMillan of Austin.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is: ...
I have been a resident of Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.
I am an alumnus of The University of Texas at Austin College of Liberal Arts. I had majored in History at UT-Austin. I am also a former UT-Austin-administration-beat reporter for "The Daily Texan" student newspaper on your campus.
This public information request was prompted in part by a very surprising E-mail letter I received on August 1, 2016, that was apparently written and sent to me by the Austin-based Assistant Director of the University of Texas System Police Department, Officer Ruben Puente.
In that E-mail letter (see below), Officer Puente apparently stated in writing that I am myself forbidden by himself from ever again contacting any UT System headquarters office at any time.
Officer Puente in his rejection letter to me did not cite any alleged violation of the law or any possible violation of the law by myself, nor has he ever at any time ever on any occasion ever once cited to me any alleged possible violation of the law by myself.
Nor did UT System Police Assistant Director Puente ever at any time cite to me any vote or legal action by or on behalf of the University of Texas System Board of Regents that had somehow forbidden me from myself ever again contacting UT System headquarters in Austin in any context.
For your convenience, I am sharing with you the exact verbatim text of the E-mail rejection letter that Officer Puente sent to me on behalf of the UT System Police Department, with the "Subject heading"-related explanatory note, sandwiched between parentheses, having been added by me for the sake of clarification:
(The subject heading that was apparently authored in its entirety by UT System Police Assistant Director Ruben Puente:) "Removal of All 'UT System' Recipients from the Email Chain
"Puente, Ruben
"To John McMillan tamara.smith@texasattorneygeneral.gov Lori CarterFreedomofInfoFdnofTexas National Freedom of Information Coalition (2016)Texas Rangers Division of DPS U.S. Dept. of Education Civil Rights (2016)U.S. Department of Education Texas Civil Rights Office (Dallas)Texas Education Agency Civil Rights Complaints Office Civil Rights Project (2016)Burgdorf, Barry D. Public Information David MaxwellGovernor's Office of Texas Open Records AdministratorCountyAttorneyDavidEscamilla FBI Dallas Bureau Fox 7 (Austin TX) TV NewsKXAN TV News Investigations NBC Nightly News Headqrtrs 2016CBS News '60 Minutes' Editors and Reporters Unknown National Statesman NewsAustin Chronicle Editors Dailytexanonline NewsState Comptroller Criminal Investigations Division Chief Martin Canowindow@cpa.state.tx.us WallStJournalNewstips Society of Professional JournalistsTrevor Glynn Aurelio Contreras Kami (Denny's Lakeline Manager)Outback Asst Mgr Nick Burton John Cannon (2016)Rep. Naishtat Chief of Staff Dorothy BrowneState Rep. Donna Howard Constituent Services Dr. Scott DaigleAPD Officer James Turner City of Austin Interim City Attorney Anne MorganCity of Austin Open Govt. Compliance Chief Gayle (2016)Miami Herald Letters To Editor lpitts@miamiherald.comHouston Chronicle Letters To the Editor Tdna Info AmerSocietyofNewspaperEditorsTraviscountydemocrats Info Texas Tribune Editor In Chief Evan SmithTexas Legislative Council Legal Director Deborah Fulton Sona Nast Debbie BoltonYessenia (Denny's Lakeline)Harvard Kennedy School Carr Center for Human Rights Policy Los Angeles TimesSan Jose Mercury News Editors San Antonio Express-News Letters To EditorHuffington Post Editors Texas Monthly Story-Assignments Editor John BrodersAustin Mayor Steve Adler Austin City Council Member Delia Garza (2015)Council Member Kathie Tovo DMN Austin Bureau Reporter Robert GarrettU.S. Rep. Michael McCaul (2015) Kut News jeff@590klbj.com todd@590klbj.comdon@590klbj.com Chronicle of Higher Education 2016Chronicle of Higher Education Letters 2016 newstips@usatoday.comHuman Rights Law Society (U of Chicago) oprahnewsletter@oprah.comCNN.Viewer.Communications.Management State Rep. Dawnna Dukes Liz LaurenceLeslie DeGraffenried ylise.janssen@austinisd.org edna.butts@austinisd.orgjamie.turner@austinisd.org Austin City Auditor QA Coordinator (2016)Travis County Commisioner Ron Davis Travis County Commissioner Brigid SheaTravis County Auditor Nicki RileyTravis County Intergovernmental Relations Coordinator Eckstein Christian HawleyAnnie Arnold Lancaster Bruce Garrison Eric Jones Eric PolakLetterstoed Internet DropBox Dayna Blazey Nicole WaggonerState Rep. Todd Hunter State Rep. Senfronia Thompson State Senator Carlos UrestiHubert Vo Seliger, Honorable Kel Nelson, Honorable Jane Huffman, Honorable Joan
"CC Puente, Ruben
"Aug 1 (2016) at 4:45 PM
"Good afternoon John, it’s been several years since we’ve spoken by phone. First, I would like to thank you for maintaining your end of our agreement not to expand your recipient list by adding anymore UT System representatives to your email chain. Secondly, I would respectfully ask that your remove my name as well as Mr. Barry Burgdorf’s name from your recipient list. Mr. Burgdorf is no longer with the UT System. If there’s other UT System representatives I’ve missed, please remove them as well. At this juncture, I do not foresee any impact the UT System can have on your behalf. Thirdly, I wish you well.
"My Regards, Ruben Puente
"Ruben Puente
"Assistant Director
"Office of the Director of Police
"The University of Texas System
"201 West 7th Street, ASH 416, Austin, TX 78701
"512-499-4686 Office, 512 499-4684 Fax
"Follow Us: www.utsystem.edu/pol"
I myself (John Kevin McMillan of Austin) am gainfully employed, and I lead a permanently alcohol-free (ever since 1990) and permanently marijuana-free (ever since 1984) lifestyle in the complete absence of my having ever consumed any illicit drug other than marijuana on any occasion in my entire life.
I am dependably civil and law-abiding and honest. I myself do not have any criminal-conviction record; and I am a former full-time employee in Austin of the Texas Department of Public Safety, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice state agencies, respectively.
I am a lifelong non-Christian gentleman, and I am the founder and only approved current member of a new and non-Christian implicitly-deistic "Honor Society" religion, the "Progressive Prohibitionist Religion", that has very stringent membership-eligibility requirements.
That fully independent new religion opposes consumption of drinking alcohol, tobacco products, marijuana, or any other illicit drug; opposes the emblazoning of tattoos on human bodies; opposes facial hair on human beings; opposes anonymous communications violating the privacy rights of the individual being subjected to those types of communications against his wishes; opposes verbalization of profanity in everyday conversations with another person; opposes medically-injurious noise pollution; opposes personal-injury-crimes and sexual-assault crimes; opposes home-invasion crimes; opposes thought-control projects; opposes fraudulent or deliberately dishonest communications; and opposes fraudulent or injurious "medical services".
During the multi-year time period applicable to this public information request, I 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 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 with a self-identified "currently registered Austin Community College student", Mr. "Brett Andrew Meyer", as my one total official apartment-management-team-approved roommate ever since late September 2015.
Thank you in advance, UT-Austin Public Information Coordinator, for your prompt and very thorough and fully reliable reply letter providing me with any and all documents responsive to this public-information request from myself.
Please let me know in advance if you ever sense that you will be charging me more than $20 for providing me with any and all documents responsive to this public-information request.
Sincerely and Best Wishes,
John Kevin McMillan.
My home address: 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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