Tuesday, November 29, 2016

QUOTED PORTIONS FROM SIGNED THREE-PAGE, NOVEMBER 15, 2016-DATED LEGAL LETTER BY ASSISTANT ATTORNEY GENERAL GROFF THAT GRANTS UT-AUSTIN THE LEGAL RIGHT TO WITHHOLD FROM MYSELF, THE GENERAL PUBLIC, AND THE NEWS MEDIA CITED LEGAL DOCUMENTS GENERATED OR RECEIVED OR FORWARDED SPECIFICALLY BY THE UT-AUSTIN POLICE DEPARTMENT AT ANY TIME SINCE 12:01 A.M. APRIL 17, 2011, AND THAT EACH DIRECTLY REFER TO MYSELF, UT-AUSTIN ALUMNUS AND FORMER TEXAS DEPARTMENT OF PUBLIC SAFETY STATE AGENCY FULL-TIME EMPLOYEE JOHN KEVIN McMILLAN OF AUSTIN



(EXPLANATORY NOTE: THE FOLLOWING ARE QUOTED PORTIONS FROM A SIGNED, THREE-PAGE, OFFICIAL STATE AGENCY LEGAL LETTER THAT WAS PROVIDED TO ME BY UT-AUSTIN AS AN ONLINE ATTACHMENT TO A NOVEMBER 21, 2016-DATED E-MAIL REPLY LETTER TO MYSELF FROM UT-AUSTIN PUBLIC INFORMATION COORDINATOR ROBERT S. DAVIS. THAT REPLY LETTER FROM Mr. DAVIS WAS IN RESPONSE TO THE CITED AUGUST 28, 2016-DATED E-MAIL PUBLIC-INFORMATION REQUEST FROM MYSELF TO UT-AUSTIN THAT UT-AUSTIN IDENTIFIED AS ORR NUMBER 144585. --- jkm)


"Ken Paxton
"Attorney General of Texas


"November 15, 2016



"Ms. Jennifer Burnett
"Attorney and Public Information Coordinator
"Office of General Counsel
"The University of Texas System
"201 West 7th Street, Suite 600
"Austin, Texas 78701-2901

"OR 2016-25465

"Dear Ms. Burnett:

"You ask whether certain information is subject to required public disclosure under the Public Information Act (the 'Act'), chapter 552 of the Government Code. Your request was assigned ID # 634464 (OGC # 171792).

"The University of Texas at Austin (the 'university') received a request for information related to the requestor (John Kevin McMillan of Austin). You state you have released some information. The university claims portions of the submitted information are excepted from disclosure under Section 552.107 (attorney-client privilege) of the Government Code....."

".....

"The university states the information it has marked consists of confidential communications involving university attorneys and university employees in their capacities as clients. The university states these communications were made in furtherance of the rendition of public legal services to the university. The university states the confidentiality of these communications has been maintained.


"Based on these representations and our review, we find the university has demonstrated the applicability of the attorney-client privilege to the information at issue. Thus, the university may withhold the information it has marked under section 552.107(1) of the Government Code.

".....

"Sincerely,

"Erin Groff
"Assistant Attorney General
"Open Records Division


"EMG/som

"Ref. ID # 634464

"Enc. Submitted documents

c: Requestor (John Kevin McMillan, Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759).

(w/o enclosures)

______________
(EXPLANATORY NOTE FROM THE PUBLIC-INFORMATION REQUESTOR, JOHN KEVIN McMILLAN OF AUSTIN: THE FOLLOWING ARE THE FIRST TWO PARAGRAPHS OF THE CITED AUGUST 28, 2016-DATED E-MAIL PUBLIC-INFORMATION REQUEST FROM MYSELF THAT PROMPTED UT-AUSTIN TO REQUEST OFFICIAL PERMISSION FROM THE ATTORNEY GENERAL OF TEXAS FOR WITHHOLDING AN UNSPECIFIED NUMBER OF LEGAL DOCUMENTS SPECIFICALLY GENERATED BY THE UT-AUSTIN POLICE DEPARTMENT IN THE MOST RECENT FIVE-YEAR PERIOD THAT EACH DIRECTLY REFER TO MYSELF, UT-AUSTIN ALUMNUS JOHN KEVIN McMILLAN OF 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."

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