RE: A LETTER TO ME ANNOUNCING THIS DECISION BY THE ATTORNEY GENERAL OF TEXAS TO "ACCEPT" WITHOUT PURSUING ANY FURTHER CRIMINAL-LAW INVESTIGATION OR EVER AT ANY TIME FILING A LAWSUIT IN A COURT OF LAW AGAINST THE CITY OF AUSTIN BY THAT STATE OF TEXAS AGENCY IN AUSTIN, THE "RESPONSE" BY THE CITY OF AUSTIN TO MY OWN DEC. 5, 2016, OPEN RECORDS REQUEST TO THE CITY OF AUSTIN's PUBLIC-INFORMATION OFFICE, AND TO MY ACCOMPANYING JANUARY 2017 OPEN RECORDS COMPLAINT TO THE ATTORNEY GENERAL THAT APD'S INITIAL JANUARY 17, 2017, SIGNED REPLY LETTER TO ME FROM APD REP MS. RENEE MOORE HAD ALLEGEDLY NOT MET THE LEGAL REQUIREMENTS OF THE TEXAS OPEN RECORDS ACT.
IN AN OFFICIAL SIGNED "RESPONSE" ON BEHALF OF THAT PARTICULAR DEPARTMENT OF THE CITY OF AUSTIN, ADMINISTRATIVE SUPERVISOR RENEE MOORE OF THE AUSTIN POLICE DEPARTMENT's PUBLIC INFORMATION OFFICE, HERSELF A FEMALE AFRICAN-AMERICAN, HAD MERELY ASSERTED IN WRITING ON JANUARY 17, 2017, WITHOUT PROVIDING ME WITH ANY OF THE APPLICABLE LEGAL DOCUMENTS I HAD SPECIFICALLY REQUESTED IN MY PUBLIC-INFORMATION REQUEST, THE REPORTED DATE (JUNE 2, 2016) WHEN THE CITED DEC. 22, 2011, RAPE-EVIDENCE KIT SUBMITTED BY MYSELF AS THE CITED CRIME VICTIM WAS REPORTEDLY SHIPPED BY APD'S SEX CRIMES UNIT FOR DNA-TRACE PROCESSING AT AN OUTSIDE LAB.
ALSO IN APD's "RESPONSE" TO MY DEC. 5, 2016, OPEN RECORDS REQUEST, APD REP. RENEE MOORE HAD MERELY ASSERTED IN WRITING, WITHOUT PROVIDING ME WITH ANY SUPPORTING DOCUMENTS CONFIRMING THE INFORMATION, THE LOCATION OF THAT OUTSIDE DNA LAB (SALT LAKE CITY, UTAH, THE AUSTIN POLICE DEPARTMENT STATED IN WRITING) AND THE NAME AND ADDRESS AND PHONE NUMBER OF THAT DNA LAB (SORENSEN LAB, 2511 S. WEST TEMPLE, SALT LAKE CITY, UTAH, 84115, OFFICE PHONE NUMBER,
1-888-488-1122).
THE FOLLOWING IS THE EXACT VERBATIM TEXT OF THE TWO-PAGE MAY 4, 2017-DATED AND SIGNED OFFICIAL REPLY LETTER AND ONE-PAGE ENCLOSURE THAT WERE MAILED BY THE ATTORNEY GENERAL TO MYSELF, PUBLIC-INFORMATION REQUESTOR AND OPEN-RECORDS COMPLAINANT JOHN KEVIN McMILLAN OF AUSTIN DISTRICT 10, A REPLY LETTER THAT I RECEIVED IN MY U.S. POSTAL SERVICE MAIL DELIVERY TO MY CURRENT APARTMENT UNIT'S DESIGNATED MAILBOX ON SATURDAY, MAY 6, 2017:
"ATTORNEY GENERAL OF TEXAS
"Post Office Box 12548
"Austin, Texas 78711-2548
"(512) 463-2100
"www.texasattorneygeneral.gov
"May 4, 2017
"Mr. John Kevin McMillan
"10926 Jollyville Road, Building 9, #902
"Austin, Texas 78759
"Dear Mr. McMillan:
"This notice is in regards to your correspondence requesting our office's assistance in obtaining information you requested from the City of Austin (the "city") under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your correspondence was assigned ID# 652094.
"The city has submitted to this office the enclosed certification that all existing information responsive to your request has been made available to you. When a governmental body represents to this office that it has released all existing responsive information, we must accept its statement.
"This notice is in regards to your correspondence requesting our office's assistance in obtaining information you requested from the City of Austin (the "city") under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your correspondence was assigned ID# 652094.
"The city has submitted to this office the enclosed certification that all existing information responsive to your request has been made available to you. When a governmental body represents to this office that it has released all existing responsive information, we must accept its statement.
"Under the Act, the enforcement authority of the Office of the Attorney General does not include on-site inspections of records held by another governmental office. See Gov't Code 552.321. Accordingly, we will close our file on this matter.
"Should you have any questions regarding this letter, please call the Open Government Hotline at (877) 673-6839.
"Sincerely,
"Joseph Behnke
"Assistant Attorney General
"Education and Enforcement Section
"Open Records Division
"Should you have any questions regarding this letter, please call the Open Government Hotline at (877) 673-6839.
"Sincerely,
"Joseph Behnke
"Assistant Attorney General
"Education and Enforcement Section
"Open Records Division
"JB/ov"
"Ref: ID# 652094
"Enclosure
"c: Mr. Neal Falgoust
"Assistant City Attorney
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"(w/o enclosure)"
"Ref: ID# 652094
"Enclosure
"c: Mr. Neal Falgoust
"Assistant City Attorney
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"(w/o enclosure)"
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