ATTORNEY GENERAL OF TEXAS FINDS APPLICABILITY OF 'ATTORNEY-CLIENT PRIVILEGE' FOR AN UNSPECIFIED NUMBER OF UNIVERSITY OF TEXAS SYSTEM EMPLOYEES WHO EACH CONSULTED UT SYSTEM ATTORNEYS ABOUT MYSELF, CHAIN-RESTAURANTS EMPLOYEE JOHN KEVIN McMILLAN OF AUSTIN, DURING CITED TIME PERIOD EVER SINCE APRIL 17, 2011, AS A BASIS FOR THE ATTORNEY GENERAL GRANTING OFFICIAL PERMISSION TO THE UT SYSTEM ADMINISTRATION IN AUSTIN TO WITHHOLD FROM ME NUMEROUS LEGAL DOCUMENTS DIRECTLY REFERRING TO MYSELF THAT WERE GENERATED BY UT SYSTEM POLICE DEPARTMENT, UT SYSTEM CHANCELLOR's OFFICE, AND UT SYSTEM OFFICE OF GENERAL COUNSEL IN TIME PERIOD EVER SINCE APRIL 17, 2011

(NOTE: THE FOLLOWING ARE QUOTED PORTIONS OF A FOUR-PAGE SIGNED LEGAL REPLY LETTER ON OFFICIAL ATTORNEY GENERAL OF TEXAS STATE AGENCY LETTERHEAD THAT WAS WRITTEN BY ASSISTANT ATTORNEY GENERAL ERIN GOFF, WITH A COPY OF THIS LEGAL LETTER HAVING BEEN MAILED TO MYSELF AS THE PUBLIC-INFORMATION REQUESTOR. --- jkm)

"KEN PAXTON
"ATTORNEY GENERAL OF TEXAS
"Post Office Box 12548,
"Austin, Texas 78711-2548
"(512) 463-2100
"www.texasattorneygeneral.gov

"December 15, 2016

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

"OR (Open Records) 2016-27756

"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 #638310 (OGC# 172033).

"The University of Texas System (the 'system') received a request for communications for a specified time period that refer to the requestor (John Kevin McMillan of Austin). You state you have released some information. You claim the submitted information is excepted from disclosure under section 552.107 of the Government Code. We have considered the exception you claim and reviewed the submitted representative sample of information. (Footnote: We assume the 'representative sample' of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent that those records contain substantially different types of information than that submitted to this office....

"Initially, we note the requestor (John Kevin McMillan of Austin) excluded from the request documents authored exclusively by the requestor. Accordingly, this type of information is not responsive to the present request....

"Next, you inform us some of the requested information was the subject of a previous request for information, as a result of which this office issued Open Records Letter No. 2015-12465 (2015). In that ruling we determined, the system may withhold the submitted information under sections 552.107(1) and 552.108(a)(2) of the Government Code. We have no indication that there has been any change in the law, facts, or circumstances on which the previous ruling was based....

"Section 552.107(1) of the Government Code protects information coming within the attorney-client privilege....

"The system states the submitted information consists of confidential communications involving system attorneys and system employees in their capacities as clients. The system states these communications were made in furtherance of the rendition of professional legal services to the system. The system states the confidentiality of these communications has been maintained. Based on these representations and our review, we find the system has demonstrated the applicability of the attorney-client privilege to the information at issue. Thus, the system may withhold the submitted information under section 552.107(1) of the Government Code.

"In summary, the system may continue to rely on Open Records Letter No. 2015-12456 as a previous determination and withhold the requested information in accordance with that ruling. The system may withhold the submitted information under section 552.107(1) of the Government Code.

"This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances....

"Sincerely,

"Erin Groff
"Assistant Attorney General
"Open Records Division
"EMG/som"_______________


(NOTE: THE FOLLOWING SIGNED LEGAL LETTER FROM A UNIVERSITY OF SYSTEM ADMINISTRATION ATTORNEY, JENNIFER BURNETT, INCORRECTLY STATES MY OWN CURRENT MAILING ADDRESS AT THE END OF HER LEGAL LETTER TO THE ATTORNEY GENERAL OF TEXAS IN AUSTIN. MY CURRENT MAILING ADDRESS IS: VILLAGE OAKS APARTMENTS, 10926 JOLLYVILLE ROAD, BUILDING 9, APARTMENT 902, AUSTIN, TEXAS, 78759. --- jkm)

"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@at.net"