On Monday, October 24, 2016 2:24 PM, OCR
John McMillan, please see our response below:
October 24, 2016
Mr. John McMillan
mcmillanj@att.net
Dear Mr. McMillan:
I am writing in response to your October 11, 2016, email correspondence to the Office for Civil Rights (OCR) in the U.S. Department of Education (Department). Your email correspondence appears to be regarding an issue of an appeal concerning the University of Texas System Headquarters in Austin, Texas, (that you submitted to the) Office of the Attorney General (of Texas). You requested assistance regarding this matter. I am pleased to respond.
OCR is responsible for enforcing several federal civil rights laws that prohibit discrimination based on race, color, national origin, sex, disability and age by recipients of federal financial assistance from the Department.
In addition to investigating complaints and conducting compliance reviews, OCR enforcement offices are responsible for the provision of technical assistance to recipients.
You may file your complaint with OCR within 60 calendar days after the completion of any internal grievance you may have filed with the University of Texas System Headquarters in Austin, Texas, Office of the Attorney General.
OCR’s Dallas Office is responsible for complaints, compliance reviews and technical assistance regarding educational institutions in Texas. If you feel that any of the matters you have discussed fall under any of OCR’s jurisdictions, you may contact OCR’s Dallas Office directly at:
Office for Civil Rights, Dallas Office
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
Telephone: (214) 661-9600
TTY: (800) 877-8339
Facsimile: (214) 661-9587
Email: OCR.Dallas@ed.gov
I hope the information provided is of assistance to you.
Sincerely,
Sharon D. Davis
Customer Service Team
Office for Civil Rights
From: John McMillan [mailto:mcmillanj@att.net]
Sent: Tuesday, October 11, 2016 9:52 AM
To: Bruce Garrison; Annie Arnold Lancaster; Leslie DeGraffenried; State Bar of Texas Exec. Dir. Michelle Hunter; cji@uh.edu; OCR; SouthwestStudyCenter-TXStateU; Sunset Valley Police Dept. Lt. Richard Andreucci; Leander Police Chief Minton; Austin Police Association (2015); California Sexual Assault Investigators Assn Board (2016); Louisiana State Univ. Chancellor Mike Martin; Louisiana Foundation Against Sexual Assault; Attorney General of New York; Attorney General of Louisiana; CNN.Viewer.Communications.Management; KLRU TV News Editors; jeff@590klbj.com; don@590klbj.com; State Rep. Donna Howard Constituent Services Dr. Scott Daigle; State Rep. Dawnna Dukes; State Rep. Celia Israel (Central TX); State Senator Charles Schwertner (Central TX); State Rep. Tony Dale (Central TX); State Rep. Paul Workman (Central TX); Dailytexanonline News; Der Spiegel (2016); The London Times Letters To Editor; DMN Editorial Page Editor Keven Ann Willey; DMN Austin Bureau Reporter Robert Garrett; Los Angeles Times; San Jose Mercury News Editors; kathryn.walker@normanok.gov; Dallas City Attorney's Office; Texas City Attorneys Assn. General Counsel Scott Houston; Jason's Deli Officials; TRA General Counsel Kenneth Besserman; Attorney Cousin Jack Dane; isonx001@umn.edu; Minnesota Center Against Sexual Assault Violence and Abuse; University of Minnesota Alumni Association; MITProgram On HumanRights&Justice; Texas Tribune Editor In Chief Evan Smith; Huffington Post Editors; Fox 7 (Austin TX) TV News; steven.rich@washpost.com; cheryl.thompson@washpost.com; Attorney General of Colorado; phil.weiser@colorado.edu; DenverPostEditors; voicesagainstviolence@austin.utexas.edu; Kami (Denny's Lakeline Manager); Wade Zwiener; Human Rights Law Society (U of Chicago); Notre Dame Univ. Center for Civil and Human Rights; humanrts@umn.edu; U.S. Representative Michael McCaul; U.S. Rep. Lloyd Doggett (2015); Molly White; State Rep. Todd Hunter; Senator Juan Hinojosa; Hubert Vo; State Senator Joan Huffman; TWC Ombudsman; State Rep. Rafael Anchia; Senator Kel Seliger; State Senator Carlos Uresti; State Rep. Senfronia Thompson; FreedomofInfoFdnofTexas; National Freedom of Information Coalition (2016); National Society of Newspaper Columnists
Subject: Re: 10-10-16 appeal by UT System to TX Atty Genl re: me
A respectful FYI to each of you on the following news development relating to the University of Texas System headquarters in Austin, Texas, and myself, UT-Austin alumnus John Kevin McMillan of Austin.
Best Wishes,
from public-information requestor John Kevin McMillan.
Home phone: (512) 342-2295.
John Kevin McMillan
On Tuesday, October 11, 2016 8:32 AM, John McMillan
"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
"October 10, 2016
"(To:) Justin Gordon
"Division Chief
"Open Records Division
"Price Daniel Building
"209 W. 14th Street, 6th Floor
"Austin, Texas 78701
"Re: Public Information Request #8 from John McMillan to The University of Texas System -- OGC #172033
"Dear Mr. Gordon:
"On September 26, 2016, The University of Texas System ("System") received a (September 23, 2016-dated, e-mail Texas Open Records) request for information from John McMillan ("Requestor") (TAB2).
"In accordance with Section 552.301 of the Texas Government Code, we now send this request for decision within ten business days from the date the request was received. System has copied the Requestor on this letter brief in accordance with Section 552.301(d) .
"The Requestor seeks access to the following information:
"'(A) copy of any and all written communications, such as letters or reports or memoranda or policy decisions or UT System Board of Regents-approved legal actions or e-mail communications that referred to myself, John Kevin McMillan of Austin, in any manner or were addressed to myself in any manner, and that, in each such case, were received or written or mailed or FAXed or e-mailed or sent or forwarded at any time since 12:01 a.m. April 17, 2011, by any employee of staff member or official or officer or attorney of the UT System Office of General Counsel in Austin, Texas, the UT System Police Department in Austin, Texas, or the UT System Office of the Chancellor in Austin, Texas.
"'EXCLUDED FROM THE scope of this public-information request are any and all letters or e-mail letters that I myself have written.
"'ALSO EXCLUDED FROM THE scope of this public-information request are any and all documents that the UT System has already provided to me in response to a previous public-information request of mine.
"We anticipate that the responsive documents have applicable exceptions to disclosure. Accordingly, WE RESERVE ALL THE LISTED EXCEPTIONS IN THE PUBLIC INFORMATION ACT AND THOSE CAPTURED BY 'OTHER LAW' IN SECTION 552.101 OF THE TEXAS GOVERNMENT CODE.
"This 10-day brief should be interpreted to include ALL the exceptions as contained in Chapter 552 of the Texas Government Code, beginning with Section 552.101 through and including Section 552.154 of the Texas Government Code. System DOES NOT WAIVE ANY EXCEPTION we can determine applicable after further review of the documents at issue.
"Our detailed brief and responsive documents will be submitted to your office by the statutory deadline. With this request for decision, we are notifying the Office of the Attorney General that the University of Texas System will seek to withhold responsive documents pending review by your office.
"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:
"Requestor (without enclosures):
"John McMillan
"11411 (sic) Research (sic) Boulevard (sic)
"Apartment #325 (sic)
"Austin, Texas 78759
"mcmillanj@att.net"
Demarest, Remi
To 'mcmillanj@att.net' (the personal e-mail address for myself, John Kevin McMillan of northwest Austin)
Today (October 10, 2016) at 4:28 PM
Dear Mr. McMillan,
Attached, please find correspondence filed with the Attorney General’s Office regarding your September 26, 2016 public information request to The University of Texas System Administration.
Sincerely,
Remi A. Demarest
Senior Administrative Associate
Office of General Counsel
The University of Texas System
201 West 7th Street
Austin, TX 78701
Office 512.499.4462 | Direct 512.499.4483 | Fax 512.499.4523 | E-mail rdemarest@utsystem.edu
Follow Us: www.utsystem.edu | @utsystem | UT System Facebook
************************************************** This communication may be protected by the attorney/client privilege and may contain confidential information intended only for the person to whom it is addressed. If it has been sent to you in error, please reply to the sender that you have received the message in error and delete this message. If you are not the intended recipient, any dissemination, distribution, copying or other reproduction of this message is strictly prohibited.
_____________________________________
(NOTE: THE FOLLOWING IS THE E-MAIL PUBLIC INFORMATION REQUEST FROM MYSELF, SINGLE ADULT ANGLO MALE UT-AUSTIN ALUMNUS JOHN KEVIN McMILLAN OF AUSTIN, TO WHICH THE ABOVE REPLY E-MAIL LETTER REFERS. THE FOLLOWING LETTER WAS OFFICIALLY RECEIVED BY THE UT SYSTEM ADMINISTRATION ON SEPTEMBER 26, 2016, WHICH EXPLAINS WHY THE UT SYSTEM ADMINISTRATION REFERS TO IT AS A SEPTEMBER 26, 2016, PUBLIC INFORMATION REQUEST FROM MYSELF. -- jkm)
(Subject:) TPIA (9-23-16 PIR to UT System HQ in Austin) (3)
John McMillan
To Public Information Governor's Office of Texas Open Records Administrator Lori Carter Texas Rangers Division of DPS FBI Dallas Bureau Roger Dean Greg Hamilton CountyAttorneyDavidEscamilla Office for Victims of Crime (U.S. DOJ) Fox 7 (Austin TX) TV News joe.ballesteros@traviscountytx.gov Rep. Naishtat Chief of Staff Dorothy Browne U.S. Department of Homeland Security Travis County Judge Sarah Eckhardt Texas AM System Genl Counsel (2015) (Ray Bonilla) UofHAssocGenlCounselValerieColeman-Ferguson Texas Tech System Chief Atty John Huffaker (2015) Senator Kirk Watson Constituent Services Rep. Walcott (2016) Unknown National Austin Chronicle Editors Chronicle of Higher Education 2016 Chronicle of Higher Education Letters 2016 Texas DPS Office of General Counsel Keyetv News City of Austin Interim City Attorney Anne Morgan gerald.daugherty@traviscountytx.gov Austin Mayor Steve Adler Council Member Kathie Tovo District 5 District 8 Austin City Council Member Delia Garza (2015) DMN Austin Bureau Reporter Robert Garrett Southern Association of Colleges and Schools Commission On Colleges 2016 U.S. Dept. of Education Civil Rights (2016) U.S. Department of Education Texas Civil Rights Office (Dallas) Aclutx Info Statesman News KXAN TV News Investigations State Rep. Dawnna Dukes State Rep. Donna Howard Constituent Services Dr. Scott Daigle Christian Hawley hamm@rice.edu stein@rice.edu Miami Herald Letters To Editor Houston Chronicle Letters To the Editor Texas Observer Editors Outback Asst Mgr Nick Burton Trevor Glynn City of Austin Open Govt. Compliance Chief Gayle (2016) San Antonio Express-News Letters To Editor WallStJournalNewstips U.S. Rep. Michael McCaul (2015) CBS News '60 Minutes' Editors and Reporters U.S. President Barack Obama National Center for Victims of Crime Texasadvocacyproject Info Dailytexanonline News Kut News KLRU TV News Editors Joyful Heart Foundation for Rape Victims State Comptroller Criminal Investigations Division Chief Martin Cano newstips@usatoday.com Austin American-Statesman Investigative Reporter Andrea Ball Megan Curtis Jennifer A. DeCamp Aurelio Contreras Missouri Synod Lutheran HQ2015 Center for Investigative Reporting Investigative Reporters and Editors (U of Missouri) Crime Report Ed. Stephen Handelman (2016) Austin American-Statesman Editor Debbie Hiott CBS News Story Ideas Editors Trinity University (San Antonio) Assoc. Prof. Political Science John Hermann University of North Texas at Dallas Pres. Bob Mong UT System Open Records 2014 Notre Dame Univ. Center for Civil and Human Rights StateComptrollerSusanCombs UT-Austin General Counsel Patricia Ohlendorf (2016) UT-Austin Institute On Domestic Violence and Sexual Assault Michael Eveleth Austin Police Dept. Asst. Chief Troy Gay Deborah Fulton Sona Nast Leslie DeGraffenried Annie Arnold Lancaster Los Angeles Times
On Friday, September 23, 2016 8:40 PM, John McMillan
To: Mr. Daniel H. Sharphorn, Vice Chancellor and General Counsel, The University of Texas System, 201 West 7th Street, Austin, Texas 78701-2982. FAX number: 512-499-4523
Official E-mail address for public-information requests to UT System Headquarters in Austin: "publicinformation@utsystem.edu"
September 23, 2016
Dear UT System Vice Chancellor and General Counsel Sharphorn,
This is a Texas Open Records request in which I seek to obtain from you a copy of any and all written communications, such as letters or reports or memoranda or policy decisions or UT System Board of Regents-approved legal actions or e-mail communications that referred to myself, John Kevin McMillan of Austin, in any manner or were addressed to myself in any manner, and that, in each such case, were received or written or mailed or FAXed or e-mailed or sent or forwarded at any time since 12:01 a.m. April 17, 2011, by any employee of staff member or official or officer or attorney of the UT System Office of General Counsel in Austin, Texas, the UT System Police Department in Austin, Texas, or the UT System Office of the Chancellor in Austin, Texas.
EXCLUDED FROM THE scope of this public-information request are any and all letters or e-mail letters that I myself have written. ALSO EXCLUDED FROM THE scope of this public-information request are any and all documents that the UT System has already provided to me in response to a previous public-information request of mine.
This public-information request was prompted by a surprisingly unfriendly e-mail letter addressed to myself that was written and sent this year to myself and many other persons, and was apparently itself written by Officer Ruben Puente, reportedly the second-highest-ranking officer of the UT System Police in Austin, Texas. This public-information request was also prompted by a very surprising "For Law Enforcement Purposes Only" 33-page "Comprehensive Report" on myself, John Kevin McMillan, that was apparently compiled for or by the UT-Austin Police Department on June 14, 2016. I was provided with a copy of that report by the UT-Austin administration in response to a recent public-information request from myself.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social security number is: .... I am a lifelong single gentleman and longtime-celibate-by-choice gentleman, and I lead a permanently alcohol-free (ever since 1990), lifelong-tobacco-free, and permanently marijuana-free-and-illicit-drug-free (ever since 1984) lifestyle. I myself do not have any criminal-conviction record, and I am gainfully employed in Austin.
I am an alumnus of The University of Texas at Austin, and I am also a former UT-Austin-administration-beat reporter for "The Daily Texan" student newspaper on the campus of UT-Austin.
I have resided in Austin proper ever since mid-March 1997.
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.
Sincerely and Best Wishes,
John Kevin McMillan.
My home address: 10926 Jollyville Road, 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
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