On Wednesday, July 25, 2018 11:48 PM, John McMillan wrote:
July 25, 2018
Dear City of Austin Public Information Office Representatives and Austin Police Department Open Records Unit officials,
I am very surprised and disappointed by the City Government of Austin's e-mail reply letter (below) to me of earlier today (July 25, 2018).
That reply letter from the City stated as follows in the very last paragraph or two contained at the very bottom of your e-mail reply to me earlier today:
"The City of Austin has no responsive documents to your request.
"Thank you for contacting the City of Austin.
"PIR Team
"City of Austin—Law Department
"(512) 974-2268"
For the record, your July 25, 2018, e-mail reply letter to me began as follows:
"Re: Open Record Request of July 23, 2018, Reference # X000527-072318
"Dear John McMillan,
"The City of Austin received a Public Information request from you on July 23, 2018, to request copies of records pertaining to the following..."
Your July 25, 2018, e-mail reply letter appears to indicate that NONE of the following (below) applicable legal documents I myself have received from City of Austin officials and then later provided to you as a courtesy to each of you City officials in connection with my July 14, 2018, Open Records request to the City, are on file anywhere with the City Government of Austin.
I would like to remind you that the scope of my July 14, 2018, Open Records request to the City of Austin and the Austin Police Department was very clearly and specifically limited to:
"any e-mail communications or letters generated or written or sent or forwarded or FAXed or mailed at any time since 12:01 a.m. April 17, 2011, by any assistant police chief or any police chief or interim police chief of the Austin Police Department (APD), or by anyone employed in the Office of the Police Monitor for the City Government of Austin, or by any anyone employed in the office of the City of Austin Assistant City Manager in charge of supervising APD operations, and that, in each such case, referred at least once in any manner or context to myself, John Kevin McMillan of northwest Austin."
I would also like to respectfully remind you that each of the following legal documents I received within the applicable multi-year time period via e-mail or e-mail attachment (the full text of the cease and desist order from Police Monitor Margo Frasier that I received) appear to be responsive to the above-cited public-information request from myself. Please note that the following legal documents (below) are listed in chronological order, from earliest date to most recent date.
May I politely ask you at this time whether any City of Austin official or APD official or APD officer unbeknownst to me has ever at any time since April 17, 2011, allegedly ordered or allegedly perpetrated the destruction or deletion from your City of Austin Internet files or computer files or APD Internet files or computer files of any of the following applicable legal documents that were each generated by applicable City of Austin officials during the most recent seven-year period?
If so, I will gladly provide full legal documentation to the City of Austin and to APD, respectively, for each and every one of the legal documents I received via e-mail from each of the cited City Government of Austin officials.
Each of those legal documents, I might add, are currently on file in my own internet records through my first-rate AT&T internet service that I have relied on as my internet provider throughout the entire seven-year period applicable to my July 14, 2018, public-information request to the City.
Those legal documents include one legal document that originated in a context in which an APD officer and work supervisor, APD Sergeant Michael King, presented himself in writing as being my own City of Austin-designated "contact" person with the Office of the Police Monitor, and in that context clearly indicated in writing that he himself directly represented the Police Monitor at the time when Sergeant King reportedly wrote and sent me the cited (below) May 12, 2014, e-mail letter.
Finally, I would like to respectfully remind each of you public-information specialists for the City of Austin and Austin Police Department, respectively, that I have maintained the same personal e-mail address ("mcmillanj@att.net") and permanent AT&T-service personal phone number (512-342-2295) throughout the entire seven-year period applicable to my July 14, 2018, public-information request to the City.
For this reason, it should have been a very simple matter for the City of Austin to locate each of the legal documents that are provided below.
I hope to hear from you soon.
Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.
Current home address: Village Oaks Apartments, 10926 Jollyville Road, Building 16, Apt. 1609, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
_____________________________
"City of Austin
"Office of the Police Monitor P.O. Box 1088, Austin, TX 78767"(512) 974-9090, TTY (512) 974-9144, FAX (512) 974-6306
"police.monitor@austintexas.gov, http://austinpolicemonitor.com
"July 10, 2012
"John McMillan
"11411 Research 325
"Austin, TX 78759
"Request to Cease and Desist Contact
"IAD Case #2011-0787
"Dear Mr. McMillan,
"The Office of Police Monitor is in receipt of numerous e-mails, telephone calls and voice mail messages sent by you since July 1, 2011. Most recently, between the dates of July 5, 2012 and July 8, 2012, you sent nineteen (19) e-mails messages to our office and called on four (4) separate occasions. Moreover, on Monday, June 25, 2012, our office received a total of fifteen (15) e-mails and one (1) facsimile, you sent over the weekend.
"This letter is a formal request for you to cease and desist your contact with our office related to the matter you have identified with Austin Police Detective, David Silva. It is our understanding that the Austin Police Department (APD) has repeatedly reviewed your claims of sexual assault and has made a determination, based on the information you have provided, not to pursue an investigation.
"Respectfully,
(Margo L. Frasier, a personal handwritten signature including the middle initial of her legal name was provided here)
"Margo Frasier, Police Monitor."
_____________________
--- On Wed, 7/11/12, Yates, Sacheen wrote:
From: Yates, Sacheen
Subject: RE: corrected version Fw: 7-10-12 follow-up question for Complaint Specialist Yates
To: "John McMillan"
Cc: "Frasier, Margo"
Date: Wednesday, July 11, 2012, 9:02 AM
Dear Mr. McMillan,
Please see the attached letter requesting that you cease and desist your contact with the Office of the Police Monitor related to this issue involving Det. Silva. A copy of this letter has also been sent to you via U.S. Postal Service and certified mail.
Respectfully,
Sacheen D. Yates
Complaint Specialist/Mediation Coordinator
City of Austin
Office of the Police Monitor
P.O. Box 1088
Austin, TX 78767
(512) 974-9096 direct line
(512) 974-9090 main line
______________
--- On Fri, 8/10/12, Mannix, Sean wrote:
From: Mannix, Sean
Subject: Re: 8-9-12 appeal to APD Asst. Chief Sean Mannix
To: "John McMillan"
Cc: "Turner, James" , "O'Brien, Julie" , "Hampton, Jeff"
Date: Friday, August 10, 2012, 7:43 PM
Mr. McMillan,
I have reviewed the multiple emails that you have sent regarding your experiences over the course of the last several months. Officer James Turner has been designated as your liaison to the Austin Police Department.
"Regards,
"Sean Mannix
"Assistant Chief of Police
"Sent from my iPad"
_________________
Alta Ochiltree
Executive Secretary to
Assistant City Manager Rey Arellano
alta.ochiltree@austintexas.gov
Phone: (512) 974-2307
Fax: (512) 974-2833
(My work hours are Monday – Thursday, 9:00a. - 4:30p.)
On Monday, April 13, 2015 12:27 PM, "Evans, Roxanne" wrote:
Hello, Mr. McMillan.
Your documents have been sent to the Police Chief’s office.
I do not know that he will review them personally; he is more likely to refer them to an investigator in one of the divisions.
Thank you.
Roxanne Evans
Assistant to Assistant City Manager
Rey Arellano
(512) 974-2194
__________
--On Thursday, June 4, 2015 3:08 PM, "Evans, Roxanne" wrote:
Mr. McMillan:
We acknowledge your email.
The Office of the Police Monitor is an independent City of Austin administrative office.
Thus, Assistant City Manager Rey Arellano could not conduct an investigation into the Office of the Police Monitor.
Thank you.
Roxanne
Good morning.
Yes, I do recall our conversation. I did not say ACM (Austin Assistant City Manager Rey) Arellano has any legal authority over (City of Austin Police Monitor) Ms. (Margo) Frasier; I told you I would be happy to take your complaint and pass it on to him.
"The information Ms. (Roxanne) Evans (of the City of Austin) relayed to you is information she received from our Law Department; it is not her personal opinion.
"Ms. Evans is the Executive Assistant to ACM Arellano and works closely with him on issues that require special attention.
"I apologize if my comments were misleading. I know this doesn’t answer your question, but I will follow-up with Ms. Evans when she returns to the office to find out what your options are in resolving your complaint (against City of Austin Police Monitor Margo Frasier).
"Alta Ochiltree
"Executive Secretary to
"Assistant City Manager Rey Arellano
"alta.ochiltree@austintexas.gov
"Phone: (512) 974-2307
"Fax: (512) 974-2833
"(My work hours are Monday – Thursday, 9:00a. - 4:30p.)"
July 25, 2018
Dear City of Austin Public Information Office Representatives and Austin Police Department Open Records Unit officials,
I am very surprised and disappointed by the City Government of Austin's e-mail reply letter (below) to me of earlier today (July 25, 2018).
That reply letter from the City stated as follows in the very last paragraph or two contained at the very bottom of your e-mail reply to me earlier today:
"The City of Austin has no responsive documents to your request.
"Thank you for contacting the City of Austin.
"PIR Team
"City of Austin—Law Department
"(512) 974-2268"
For the record, your July 25, 2018, e-mail reply letter to me began as follows:
"Re: Open Record Request of July 23, 2018, Reference # X000527-072318
"Dear John McMillan,
"The City of Austin received a Public Information request from you on July 23, 2018, to request copies of records pertaining to the following..."
Your July 25, 2018, e-mail reply letter appears to indicate that NONE of the following (below) applicable legal documents I myself have received from City of Austin officials and then later provided to you as a courtesy to each of you City officials in connection with my July 14, 2018, Open Records request to the City, are on file anywhere with the City Government of Austin.
I would like to remind you that the scope of my July 14, 2018, Open Records request to the City of Austin and the Austin Police Department was very clearly and specifically limited to:
"any e-mail communications or letters generated or written or sent or forwarded or FAXed or mailed at any time since 12:01 a.m. April 17, 2011, by any assistant police chief or any police chief or interim police chief of the Austin Police Department (APD), or by anyone employed in the Office of the Police Monitor for the City Government of Austin, or by any anyone employed in the office of the City of Austin Assistant City Manager in charge of supervising APD operations, and that, in each such case, referred at least once in any manner or context to myself, John Kevin McMillan of northwest Austin."
I would also like to respectfully remind you that each of the following legal documents I received within the applicable multi-year time period via e-mail or e-mail attachment (the full text of the cease and desist order from Police Monitor Margo Frasier that I received) appear to be responsive to the above-cited public-information request from myself. Please note that the following legal documents (below) are listed in chronological order, from earliest date to most recent date.
May I politely ask you at this time whether any City of Austin official or APD official or APD officer unbeknownst to me has ever at any time since April 17, 2011, allegedly ordered or allegedly perpetrated the destruction or deletion from your City of Austin Internet files or computer files or APD Internet files or computer files of any of the following applicable legal documents that were each generated by applicable City of Austin officials during the most recent seven-year period?
If so, I will gladly provide full legal documentation to the City of Austin and to APD, respectively, for each and every one of the legal documents I received via e-mail from each of the cited City Government of Austin officials.
Each of those legal documents, I might add, are currently on file in my own internet records through my first-rate AT&T internet service that I have relied on as my internet provider throughout the entire seven-year period applicable to my July 14, 2018, public-information request to the City.
Those legal documents include one legal document that originated in a context in which an APD officer and work supervisor, APD Sergeant Michael King, presented himself in writing as being my own City of Austin-designated "contact" person with the Office of the Police Monitor, and in that context clearly indicated in writing that he himself directly represented the Police Monitor at the time when Sergeant King reportedly wrote and sent me the cited (below) May 12, 2014, e-mail letter.
Finally, I would like to respectfully remind each of you public-information specialists for the City of Austin and Austin Police Department, respectively, that I have maintained the same personal e-mail address ("mcmillanj@att.net") and permanent AT&T-service personal phone number (512-342-2295) throughout the entire seven-year period applicable to my July 14, 2018, public-information request to the City.
For this reason, it should have been a very simple matter for the City of Austin to locate each of the legal documents that are provided below.
I hope to hear from you soon.
Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.
Current home address: Village Oaks Apartments, 10926 Jollyville Road, Building 16, Apt. 1609, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
_____________________________
"City of Austin
"Office of the Police Monitor P.O. Box 1088, Austin, TX 78767"(512) 974-9090, TTY (512) 974-9144, FAX (512) 974-6306
"police.monitor@austintexas.gov, http://austinpolicemonitor.com
"July 10, 2012
"John McMillan
"11411 Research 325
"Austin, TX 78759
"Request to Cease and Desist Contact
"IAD Case #2011-0787
"Dear Mr. McMillan,
"The Office of Police Monitor is in receipt of numerous e-mails, telephone calls and voice mail messages sent by you since July 1, 2011. Most recently, between the dates of July 5, 2012 and July 8, 2012, you sent nineteen (19) e-mails messages to our office and called on four (4) separate occasions. Moreover, on Monday, June 25, 2012, our office received a total of fifteen (15) e-mails and one (1) facsimile, you sent over the weekend.
"This letter is a formal request for you to cease and desist your contact with our office related to the matter you have identified with Austin Police Detective, David Silva. It is our understanding that the Austin Police Department (APD) has repeatedly reviewed your claims of sexual assault and has made a determination, based on the information you have provided, not to pursue an investigation.
"In communications with the Austin Police Department, we have also learned that police officers from the Crisis Intervention Team spoke with you on May 24, 2012 at your apartment, through your closed door. The officers explained to you their belief that the events you allege are a product of your delusional thinking.
"The officers offered to assist you in securing mental health services; you declined. Prior to leaving your apartment on May 24, 2012, the officers instructed you to stop contacting City officials and to not send any more photographs of yourself to City officials. You were told that your failure to comply could result in criminal charges being filed against you.
"In light of the forgoing, OPM has provided all of the assistance that is appropriate in this matter and considers this matter to be closed. The OPM will not assist you in filing an administrative complaint against Det. Silva or the APD related to your assertion that APD will not conduct an investigation into your alleged sexual assault.
"In light of the forgoing, OPM has provided all of the assistance that is appropriate in this matter and considers this matter to be closed. The OPM will not assist you in filing an administrative complaint against Det. Silva or the APD related to your assertion that APD will not conduct an investigation into your alleged sexual assault.
"Respectfully,
(Margo L. Frasier, a personal handwritten signature including the middle initial of her legal name was provided here)
"Margo Frasier, Police Monitor."
_____________________
--- On Wed, 7/11/12, Yates, Sacheen wrote:
From: Yates, Sacheen
Subject: RE: corrected version Fw: 7-10-12 follow-up question for Complaint Specialist Yates
To: "John McMillan"
Cc: "Frasier, Margo"
Date: Wednesday, July 11, 2012, 9:02 AM
Dear Mr. McMillan,
Please see the attached letter requesting that you cease and desist your contact with the Office of the Police Monitor related to this issue involving Det. Silva. A copy of this letter has also been sent to you via U.S. Postal Service and certified mail.
Respectfully,
Sacheen D. Yates
Complaint Specialist/Mediation Coordinator
City of Austin
Office of the Police Monitor
P.O. Box 1088
Austin, TX 78767
(512) 974-9096 direct line
(512) 974-9090 main line
______________
--- On Fri, 8/10/12, Mannix, Sean wrote:
From: Mannix, Sean
Subject: Re: 8-9-12 appeal to APD Asst. Chief Sean Mannix
To: "John McMillan"
Cc: "Turner, James" , "O'Brien, Julie" , "Hampton, Jeff"
Date: Friday, August 10, 2012, 7:43 PM
Mr. McMillan,
I have reviewed the multiple emails that you have sent regarding your experiences over the course of the last several months. Officer James Turner has been designated as your liaison to the Austin Police Department.
"I am informed that you have not availed yourself of this resource.
"As a professional police officer he is equipped to determine what police resources are best suited for your situation. I urge you to contact Officer Turner at (512) 854-3444 to discuss how APD can best assist you.
"Absent your willingness to work with your designated point of contact we are unable to help.
"Absent your willingness to work with your designated point of contact we are unable to help.
"Regards,
"Sean Mannix
"Assistant Chief of Police
"Sent from my iPad"
_________________
On Monday, May 12, 2014 11:08 AM, "King, Michael" wrote:
John
I have attached the cease and desist letter from the Monitors Office. You are covering old topics once again in your emails. I have spoken with the Monitors office and they advised the letter is still valid.
Sgt. King
_________________
On Thursday, April 9, 2015 1:59 PM, "Ochiltree, Alta" wrote:
Mr. McMillian.
I have forwarded your request to the Austin Police Department for review and consideration.
John
I have attached the cease and desist letter from the Monitors Office. You are covering old topics once again in your emails. I have spoken with the Monitors office and they advised the letter is still valid.
Sgt. King
_________________
On Thursday, April 9, 2015 1:59 PM, "Ochiltree, Alta" wrote:
Mr. McMillian.
I have forwarded your request to the Austin Police Department for review and consideration.
Alta Ochiltree
Executive Secretary to
Assistant City Manager Rey Arellano
alta.ochiltree@austintexas.gov
Phone: (512) 974-2307
Fax: (512) 974-2833
(My work hours are Monday – Thursday, 9:00a. - 4:30p.)
__________________
On Monday, April 13, 2015 12:27 PM, "Evans, Roxanne" wrote:
Hello, Mr. McMillan.
Your documents have been sent to the Police Chief’s office.
I do not know that he will review them personally; he is more likely to refer them to an investigator in one of the divisions.
Thank you.
Roxanne Evans
Assistant to Assistant City Manager
Rey Arellano
(512) 974-2194
__________
--On Thursday, June 4, 2015 3:08 PM, "Evans, Roxanne" wrote:
Mr. McMillan:
We acknowledge your email.
The Office of the Police Monitor is an independent City of Austin administrative office.
Thus, Assistant City Manager Rey Arellano could not conduct an investigation into the Office of the Police Monitor.
Thank you.
Roxanne
_____________________
On Friday, June 5, 2015 9:59 AM, "Ochiltree, Alta" wrote:
On Friday, June 5, 2015 9:59 AM, "Ochiltree, Alta" wrote:
Good morning.
Yes, I do recall our conversation. I did not say ACM (Austin Assistant City Manager Rey) Arellano has any legal authority over (City of Austin Police Monitor) Ms. (Margo) Frasier; I told you I would be happy to take your complaint and pass it on to him.
"The information Ms. (Roxanne) Evans (of the City of Austin) relayed to you is information she received from our Law Department; it is not her personal opinion.
"Ms. Evans is the Executive Assistant to ACM Arellano and works closely with him on issues that require special attention.
"I apologize if my comments were misleading. I know this doesn’t answer your question, but I will follow-up with Ms. Evans when she returns to the office to find out what your options are in resolving your complaint (against City of Austin Police Monitor Margo Frasier).
"Alta Ochiltree
"Executive Secretary to
"Assistant City Manager Rey Arellano
"alta.ochiltree@austintexas.gov
"Phone: (512) 974-2307
"Fax: (512) 974-2833
"(My work hours are Monday – Thursday, 9:00a. - 4:30p.)"
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