Tuesday, September 11, 2018

CITY OF SAN ANTONIO APPARENTLY CONFIRMS IN WRITING ON SEPTEMBER 11, 2018, THAT THE SAN ANTONIO POLICE CHIEF HAS LEGAL DOCUMENTS ON FILE---ONE OF THEM A PUBLIC-INFORMATION REQUEST FROM ME TO THE CITY OF AUSTIN THAT WAS FOCUSED ON AUSTIN POLICE DEPARTMENT SERGEANT MARTINA ST LOUIS OF APD'S SEX CRIMES UNIT AND MYSELF, AN ITEM THE CITY GOVERNMENT OF SAN ANTONIO HAD TENTATIVELY CLASSIFIED ONLY AS A 'ZONING' ISSUE----THAT EACH REFER TO MYSELF, PUBLIC-INFORMATION REQUESTOR JOHN KEVIN McMILLAN OF NORTHWEST AUSTIN


On Tuesday, September 11, 2018 5:07 PM, City of San Antonio - Open Government wrote:

Attachments:
W228675_-_Responsive_Email.pdf

--- Please respond above this line ---

City of San Antonio

09/11/2018

Via EMail
John McMillan
10926 Jollyville Rd. Apt 1609
Austin, TX 78759

RE: Response to Public Information Request

COSA ORR No: W228675-082718

Dear John McMillan,

This letter responds to your request for information to the City of San Antonio, dated and received in our office on 8/27/2018 12:17:02 AM....


The City of San Antonio has reviewed its files and has located the enclosed documents that are responsive to your request. 


Please note at the bottom of Page 3 is an email sent by you, and as such, the remainder of the email has been excluded as per your request. 

 Although the Public Information Act allows a governmental body to charge for copying documents, the enclosed is being provided to you at no charge.

Please let me know if we can be of any other assistance.

Sincerely,


Open Records Office

____________________

Information Requested: Police Records Request - 

"a copy of any complaints or reports or memoranda or other written communications, including any e-mail communications, referring at least once in any manner to myself, John Kevin McMillan of Austin, Texas, or to my one-total-member (myself, only) and non-Christian 'Progressive Prohibitionist Religion', that at any time since December 1, 2014, were written by, filed with, sent to, received by, mailed to, mailed by, forwarded to, forwarded by, FAXed to, or FAXed by, any staff member or officer or administrator or police chief employed in the Office of the Chief of Police for the San Antonio Police Department in San Antonio, Texas.

"EXCLUDED from the scope of this public-information request are any e-mail communications that I myself wrote.

"This public-information request from myself was prompted by three separate alarming or disappointing e-mail reply letters (below) to me that I have received in the period ever since December 26, 2014.

"In those e-mail letters to me, three separate officials representing a government agency or public institution in San Antonio---those agencies or institutions being the City Government of San Antonio, the University of Texas at San Antonio (UTSA), and the Federal Bureau of Investigation regional office in San Antonio---have each requested in writing that I remove each of the cited institutions from my e-mail mailing list per se.

"My legal name is 'John Kevin McMillan'. My date of birth is April 27, 1957. I am a native of Lincoln, Nebraska.

"Throughout the approximately four-year period applicable to this public-information request, my personal e-mail address has always been: mcmillanj@att.net. Also throughout the entire cited multi-year time period, I have always maintained the same personal phone number through AT&T of (512) 342-2295.

"My home addresses during the applicable four-year time period have been: Wind River Crossing Apartments (a Westdale-owned and Westdale-managed apartment complex), 11411 Research Boulevard, Apt. 325, Austin, TX, 78759; Crossland Economy Studios (Extended Stay America), 12621 Hymeadow Road, Apt. 133, Austin, TX 78729; Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Austin, TX 78759; and, ever since early September 2017, Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.

"To assist you in your search for documents responsive to this public-information request, I am hereby sharing with you the following reply letters to me from government officials in San Antonio, or, in the case of an Austin-based University of Texas System official apparently representing the University of Texas at San Antonio (as well as other UT System outlying component institutions and the UT System headquarters offices), that I have received in the period applicable to this public-information request:

'"On Monday, March 12, 2018 11:06 AM, Open Records wrote:

'"Mr. McMillan,

'"Please remove the City of San Antonio from the mailing list as your request is based out of Austin and the City of San Antonio would not have any responsive documents.

'"Thank you,

'"Moraima Montenegro
Senior Public Information Officer, Government and Public Affairs Department
115 Plaza de Armas, Suite 110, San Antonio, Texas 78205
E: moraima.montenegro@sanantonio.gov | P: (210) 207-0297

'"San Antonio: America’s 21st Century City
San Antonio is a global city with a dynamic economy and workforce, a deep cultural heritage and diverse communities that are resilient and welcoming. It is one of the strongest fiscally managed cities in the country with a vibrant business climate and a ‘AAA’ general obligation bond rating from all three major rating agencies. San Antonio is a city that nurtures entrepreneurship, encourages investment and funds infrastructure. America’s seventh-largest city offers growth opportunities in bioscience, financial services, aerospace, cybersecurity, energy, transportation, manufacturing and healthcare. In 2015, UNESCO designated San Antonio’s 18th century Spanish colonial missions as a World Heritage Site - the first in Texas. Proudly called Military City, USA®, San Antonio is home to one of the largest populations of active duty military, veterans and crucial military commands. In 2018, the city celebrates its 300th anniversary, honoring its rich past and a bright future focused on innovation and livability. For more information, visit www.sanantonio.gov.'"

"From: John McMillan [mailto:mcmillanj@att.net] 


"Sent: Saturday, March 10, 2018 11:10 AM

"To: Austin City Council Member Ann Kitchen (2016); City Government of Atlanta (GA); action@arlingtontx.gov; Bexar Webmaster; Open Records; Juan Hinojosa; Todd Hunter; Missouri Synod Lutheran HQ2015; Bethany United Methodist Church Assoc Pastor Sheri Clifton; Bethany United Methodist Church Pastor Tom Deviney; pastor@redeemer.net; Redeemer Info; office@stmattsaustin.org; Sao State Tx Webmaster; Fort Worth Star-Telegram Newstips; thomas@stmaustin.org; Ghbc Postmaster; First Unitarian Universalist Church Minister Meg Barnhouse (Austin TX); American Friends Service Committee; Daily Texan Alumni Association (2016); Travis County Commissioner Jeff Travillion (2017); Travis County Intergovernmental Relations Coordinator Eckstein; Williamson County (TX) Attorney (2016); Palestine (TX) Herald-Press Letters to Editor; Palestine (TX) Interim City Mgr. Mike Alexander 2016; U.S. Rep. Lloyd Doggett (2015); State Rep. Eddie Rodriguez (Austin area); rafael.anchia@house.texas.gov; Brandon Creighton; gene.wu@house.texas.gov; TRA General Counsel Kenneth Besserman; WallStJournalNewstips; UofHAssocGenlCounselValerieColeman-Ferguson; cji@uh.edu; UT-Austin General Counsel Patricia Ohlendorf (2016); Austin American-Statesman Editor Debbie Hiott; Senator John Whitmire; TDCJ General Counsel Rep. Patricia Fleming; New York Post (NYC) Editors; New York Daily News Letters To the Editor; Boston Herald Daily Newspaper Editors; Attorney General of Louisiana; DenverPostEditors; University of Nebraska Chancellor Ronnie Green (2016); AGO - Department of Justice; Federal Law Enf. Officers Assn; Dayna Blazey; Debbie Bolton; Outback Asst Mgr Nick Burton; Trevor Glynn; Fbinaa Info; Aurelio Contreras; Yessenia (Denny's Lakeline); Bruce Garrison; Annie Arnold Lancaster; rac@rac.org; Uscj Info; Texas Department of Insurance Legal Services Counsel; DMN Editorial Page Editor Keven Ann Willey; University of North Texas at Dallas Pres. Bob Mong; Southwestern University (Georgetown); SouthwestStudyCenter-TXStateU; Jennifer A. DeCamp; Harvard Club of Austin 2017; Harvard Govt School Dean Ellwood; Georganne Rogers; CBS News Story Ideas Editors; Center for Investigative Reporting; Austin American-Statesman Investigative Reporter Andrea Ball; Austin American-Statesman Investigative Reporter Tony Plohetski; Ombudsman Texas Dept. of State Health Services; AMA Council On Science and Public Health; Oig Hhs Webmaster; Harper's Magazine Editors; releases@startribune.com; Miami Herald Letters To Editor; Florida Attorney General Pam Bondi (2016); Idaho Attorney General Victim Services (2016); Rainn Info

"Subject: [EXTERNAL] Fw: 3-10-18 idea for TX Leg: expand drug testing of municipal employees

"A respectful FYI to each of you on the following March 10-dated public-policy letter of mine to my duly-elected state lawmaker in the Texas House, State Rep. Gina Hinojosa of Austin, Texas, in which I cited a state law in Oklahoma.

"It is my hope that the cited Oklahoma state law might possibly offer ideas for state lawmakers here in Austin on how the Texas Legislature could expand the number and scope of circumstances in Texas in which a municipal-government employee or a municipal-government official, such as a City Manager or a City Council member or department head, could be legally required by a municipal government in Texas to undergo drug testing.

"Sincerely and Best Wishes,

"John Kevin McMillan, founder and only approved member of the anti-illicit-drugs-minded, anti-marijuana-minded, anti-"medical-marijuana"-minded, crime-prevention-minded, and lawfully non-Christian "Progressive Prohibitionist Religion".
My home address: 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.
My home phone: (512) 342-2295.
John Kevin McMillan

"On Saturday, March 10, 2018 1:51 AM, John McMillan wrote:

"To: State Representative Gina Hinojosa of the Texas Legislature in Austin, Texas.

"March 10, 2018

"Dear State Rep. Hinojosa,

"As a law-abiding, gainfully employed, single adult male constituent of yours in northwest Austin, I appreciate your great dedication to pursuing factual research on behalf of generating proposed revisions to existing state laws and proposals for new state laws in Texas.

"During my leisuretime this weekend, I have been pursuing online research about drug testing of employees by municipal governments in the United States.

"I am pursuing this factual research because I feel very strongly that the integrity of all municipal governments in Texas, and the public-safety of all Texans, will be greatly enhanced when the percentage of all municipal employees in Texas who are drug addicts is as close to zero as possible.

"State Rep. Hinojosa, I would like to take this opportunity to ask you if you are planning to recommend any revisions to state law in Texas that significantly increase the number and scope of circumstances in which a municipal government---including the City Government of Austin in this very influential state-capital city---is either required or authorized by the Texas Legislature to conduct drug testing on one or more cited municipal employees or municipal-government officials, such as City Council Members or the Mayor or City Manager or a department head, of that municipal government in our state.

"On behalf of that type of public-policy goal for Texas, I have pursued online Google searches late this Friday night and Saturday morning inside my rental apartment unit in the District 10 section of Austin. District 10 is the local district in which the Austin City Council Member directly and officially representing any and all persons residing in that local district on City Council is Dr. Alison Alter (who, as you know, has reportedly prohibited me ever since March 9, 2017, from ever again myself directly contacting Dr. Alter or any of the City Hall staff members whom she directly supervises).

"In my online research this weekend, I have been very pleased to find an item about a pertinent state law in our neighboring state of Oklahoma.

"That item can be found at the following blogsite address:

"https://www.omag.org/news/2016/5/24/drug-testing-municipal-employees-1

"That blogsite address provides a link to a May 24, 2016, blog,  'Drug Testing Municipal Employees,' that was written by Suzanne Paulson of Oklahoma.

"The blog notes that Ms. Paulson is the Associate General Counsel of the Oklahoma Municipal Assurance Group (OMAG). That Edmond, Oklahoma-based organization provides insurance and risk management solutions for municipal governments throughout Oklahoma.

"The cited office phone number for Ms. Paulson at OMAG headquarters in Edmond, Oklahoma, is:
(405) 657-1400. Her E-mail address: spaulson@omag.org .

"According to Ms. Paulson's May 2016 blog, state law in Oklahoma authorizes (and I did not check to find out if that law has since been revised by the Oklahoma Legislature) drug testing of municipal-government employees or prospective new municipal-government employees in that southwestern state for any of the following reasons:

"---if the individual is applying for employment by a municipal government in Oklahoma;

"---if a municipal employee in Oklahoma is being transferred or reassigned to a different position or a different job;

"---if a municipal employee in Oklahoma was involved in a workplace accident that reportedly caused an injury or property damage;

"---if a municipal employee in Oklahoma is being required to take a routine 'fitness-for-duty' exam;

"---if a municipal employee in Oklahoma has been in a rehabilitation program (and I myself am assuming this may refer to a drug-addiction treatment program) for which a follow-up drug test on that employee is then legally permitted by state law.

"---if a municipal-government employer in Oklahoma has reason to suspect that an employee of that municipal government is under the influence of drugs at the workplace. That might occur, for instance, if a municipal government employer in Oklahoma directly observes an employee with drugs at the workplace, or if a municipal-government employer in Oklahoma notices an "unexplained pattern of absences and tardiness, or employee behavior that suggests impairment".

"---if a municipal government employee in Oklahoma is employed in a "safety sensitive position" as defined by state law. For employees fitting that state-mandated description, random drug testing on themselves is authorized by state law in Oklahoma.

"Rep. Hinojosa, would you like to see state law in Texas revised to specify any additional circumstance or any additional circumstances in which a municipal government is required or authorized by the Texas Legislature to conduct or sponsor drug testing on cited employees or cited officials of that municipal government?

"Sincerely and Best Wishes,

"John Kevin McMillan, founder and only approved member of the public-safety-minded and anti-illicit-drugs-minded, anti-marijuana-minded, drinking-alcohol-free, and lawfully non-Christian "Progressive Prohibitionist Religion"---an "Honor Society" new religion with very stringent membership-eligibility requirements.
My home address: Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.
My 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 ...
**THIS EMAIL IS FROM AN EXTERNAL SENDER OUTSIDE OF THE CITY.
Be cautious before clicking links or opening attachments from unknown sources. Do not provide personal or confidential information.**
___________________

'"Puente, Ruben

'"To John McMillan tamara.smith@texasattorneygeneral.gov Lori Carter FreedomofInfoFdnofTexas National Freedom of Information Coalition (2016) and 91 more..
.
'"CC Puente, Ruben

'"08/01/16 at 4:45 PM

'"Good afternoon John, it’s been several years since we’ve spoken by phone. First, I would like to thank you for maintaining your end of our agreement not to expand your recipient list by adding anymore UT System representatives to your email chain. Secondly, I would respectfully ask that your remove my name as well as Mr. Barry Burgdorf’s name from your recipient list. Mr. Burgdorf is no longer with the UT System. If there’s other UT System representatives I’ve missed, please remove them as well. At this juncture, I do not foresee any impact the UT System can have on your behalf. Thirdly, I wish you well.

'"My Regards, Ruben Puente

'"Ruben Puente
Assistant Director
Office of the Director of Police
The University of Texas System
201 West 7th Street, ASH 416, Austin, TX 78701
512-499-4686 Office, 512 499-4684 Fax
Follow Us: www.utsystem.edu/pol'"
____________________________________

'"On Friday, December 26, 2014 12:01 PM, San Antonio FBI wrote:

'"Remove FBI San Antonio from this mailing list.'"

"From: John McMillan [mcmillanj@att.net]

"Sent: Thursday, December 25, 2014 12:32 AM

"To: Publicrecords; dayna.blazey@co.travis.tx.us; carl.woody@co.travis.tx.us; rangers@dps.texas.gov; lori.carter@traviscountytx.gov; rob.drummond@traviscountytx.gov; dayna.blazey@traviscountytx.gov; carl.woody@traviscountytx.gov; San Antonio FBI; president@whitehouse.gov; robert.field@austintexas.gov; Texas DPS Office of General Counsel; dorothy.browne@house.state.tx.us; Public Information

"Subject: Fw: 12-22-14 Texas Attorney General Open Records re: rape-crime evidence kit

"To: Jordan Hale,
Public Information Coordinator,
Office of the Attorney General of Texas state agency,
State Government of Texas,
P.O. Box 12548,
Austin, TX 78711 2548
FAX: (512) 494-8017
E-mail address: publicrecords@texasattorneygeneral.gov

"Dear Jordan Hale,

"Please confirm for me in writing as soon as possible that you have received the following December 22, 2014-dated e-mail Texas Open Records request from myself, and that it is in acceptable form to elicit a reply letter from your State Government of Texas agency which provides me with any and all documents responsive to that public-information request from myself.

"Sincerely and Best Wishes,

"John Kevin McMillan of Austin, Texas, USA.

"My home phone: (512) 342-2295.
John Kevin McMillan

"On Monday, December 22, 2014 12:45 PM, John McMillan wrote:

"To: Open Records Coordinator,
Office of the Attorney General of Texas state agency,
Austin, Texas.
Office phone number for the Attorney General of Texas state agency: (512) 463-2100

"December 22, 2014

"Dear Open Records Coordinator,

"This is a Texas Open Records request in which I seek to obtain from any and all applicable offices or divisions of your State of Texas agency in Austin a photocopy or copy or computer printout of any and all lab test results and medical records and any and all crime-suspect information obtained or received or compiled by your State Government of Texas agency in regard to or relating to the Dec. 22, 2011, emergency-room-doctor-ordered forensic rape-evidence DNA-swabs exam that was very diligently and in an apparently very thorough manner conducted by a female forensic nurse on my own anus, buttocks, mouth, etc., in the early morning hours of Dec. 22, 2011, inside the emergency room of St. David's Medical Center hospital situated a few blocks from the Law School of the University of Texas at Austin.

"That factual information from you will be invaluable to me in myself pressing one or more successful criminal-law felony rape charges on my own behalf, with help from a reputable law-enforcement agency and the Travis County District Attorney's Office, inside a courtroom here in Austin.

"The early-morning December 22, 2011, forensic medical exam on myself inside St. David's Emergency Room was performed on me a matter of hours after I filed a crime report with the Austin Police Department on Dec. 21, 2011, in which I cited crime evidence to an APD officer that I had been victimized in the early morning hours of Dec. 21, 2011, by alleged anal-rape allegedly inflicted on me during my sleep as I lay alone, unconscious and probably also snoring, on my own bed inside my bolt-locked apartment unit.

"I was the only apartment management-team approved official tenant and also the only approved occupant inside my top-floor, vaulted-ceiling apartment unit at the time of the alleged rape that allegedly violated my own legal rights and human rights in Austin, Texas, USA.

"No one other than myself was authorized by or knowingly permitted by myself to be physically present anywhere inside my bolt-locked apartment unit at any time on December 21, 2011, with the sole exception of the one total Austin Police Department officer, Officer Guzman, an on-duty officer who visited my apartment unit on Dec, 21, 2011, in response to a rape-crime criminal-law complaint to APD from myself.

"Incidentally, I might note that I had taken a shower or bath minutes before I went to bed inside my bedroom of my bolt-locked apartment unit early on the morning of Dec. 21, 2011.

"When Officer Guzman while on duty visited my apartment unit later that day, he informed me in person in the living room of my apartment unit that I had the option of myself working at my scheduled restaurant workshift later that day without my taking another shower or bath (a course of action that would help preserve DNA crime evidence on my own body). Officer Guzman also told me that after my scheduled restaurant workshift that day, I could then promptly travel to St. David's Medical Center Emergency Room in central Austin and then myself on an individual basis request a rape-exam on myself inside that emergency room.

"I diligently followed Officer Guzman's advice on that, and have since been informed in writing by APD's public-information office and by the Travis County DA's Office that the Austin Police Department has been maintaining the resulting DNA-swabs rape-evidence kit at an APD substation in Austin, Texas.

"My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. My social-security number is: ....

"I have resided in Austin, Texas, on a continuous and uninterrupted basis ever since mid-March 1997.

"Thank you in advance for your very helpful official response providing me with any and all legal documents or records responsive to this public-information request from myself.

"Sincerely and Best Wishes,

"John Kevin McMillan, a current criminal-law complainant with APD in regard to a cited illegal-trespassing incident on my lamp-lit outdoor balcony that I directly observed from inside my bolt-locked bedroom at about 1:15 a.m. one morning earlier this year----an incident about which I have filed an official crime report with APD, with APD Detective Robert Field the investigator assigned to that alleged-crime case. I appreciate the professional manner in which Detective Field has interviewed me or spoken with me on the telephone at least twice in regard to that alleged illegal-trespassing crime case in which I am the single adult white male complainant and cited crime victim.

"I am also a self-identified personal-injury-crimes victim and self-identified anal-rape-crimes victim, as I have informed numerous law-enforcement agencies in recent years here in Austin.

"My home address: Wind River Crossing Apartments, 11411 Research Boulevard, Building 3, Apartment 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com"

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