Wednesday, October 31, 2018

CITY GOVERNMENT OF AUSTIN'S LAW DEPARTMENT MAINTAINS IN WRITING THAT NO OFFICE OF THE CITY OF AUSTIN, WITH THE EXCEPTION OF THE AUSTIN POLICE DEPARTMENT, HAS ANY RECORD OF ANY CEASE AND DESIST ORDER ISSUED TO ME OR ANYONE ELSE BY CITY OF AUSTIN POLICE MONITOR MARGO FRASIER AT ANY TIME DURING HER SIX-YEAR TENURE IN THAT POSITION


City of Austin Law Department's e-mail October 22, 2018, reply (see below) to me in regard to the above-cited public-information request focused on then-Police Monitor Margo Frasier's cease and desist orders to myself or anyone else:

"The City of Austin has no responsive documents to your request. Please be advised City of Austin Police Department is the custodian of records for these documents. Pursuant to section 552.30l(c) of the Government Code, the City of Austin has designated certain addresses to receive requests for public information sent by electronic mail. For requests seeking records held by the Austin Police Department, the address is: management.records@austintexas.gov or visit APD Public Records Request. Your request will not be considered received unless it is sent to the proper address."


On Tuesday, October 30, 2018 8:27 AM, Austin Public Records Center wrote:

--- Please respond above this line ---





Re: Public Information Request of October 22, 2018, Reference # X001240-102218

Dear John McMillan,

The City of Austin received a Public Information request from you on October 22, 2018, to request copies of records pertaining to the following:

“Dear Public Information Coordinator for the City Government of Austin,

This is a Texas Open Records request in which I seek to obtain from you a copy of each and every "cease and desist" order that was issued to myself or to any other person, group of persons, media company, business, civic group, non-profit group, religious group, or other entity, by or on behalf of Austin Police Monitor Margo Frasier at any time during her entire multi-year tenure as Austin Police Monitor, including during the very last day and the very first day when Ms. Frasier held that very influential City Government of Austin appointive position.

Margo Frasier apparently served as the City of Austin Police Monitor from January 2011 through her pre-announced retirement date of January 31, 2017, according to unofficial and unconfirmed online information I was able to obtain today from news media reports.

Included in the scope of this public-information request is the following signed "cease and desist" order that Austin Police Monitor Margo Frasier e-mailed and mailed to me in July of 2012, the exactly quoted text of which is contained below, with parenthetical (sic) notations added by me to clarify that the quoted item is exactly as it appeared in the cease and desist letter to me:


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://www.austinpolicemonitor.com

July 10, 2012

John McMillan
11411 Research Blvd, 325
Austin, TX 78759

Re: Request to Cease and Desist Contact
IAD Case # 2011-0787

Dear Mr. McMillan,

The Office of the 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(sic) and July 8, 2012, you sent nineteen (19) e-mails (sic) 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,(sic) you sent over the weekend.

This letter is a formal request for you to cease and desist contact with our office related to the matter you identified with Austin Police Department Detective,(sic) David Silva. It is our understanding that the Austin Police Department (APD) has repeatedly reviewed your claims of sexual assault and has made the 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(sic) 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 (sic) 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, the Office of Police Monitor has provided all of the assistance that is appropriate in this matter and considers this matter to be closed. The Office of Police Monitor will not assist you in filing an administrative complaint against Det. Silva or the APD related to your assertion that the APD will not conduct an investigation into your alleged sexual assault.

Respectfully,
Margo L. Frasier (signature)
Margo Frasier, Police Monitor.

The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and access to communications will be provided upon request.________

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____________


My legal name is John Kevin McMillan. My current mailing address is: Village Oaks Apartments, 10926 Jollyville Road, Bldg. 16, Apt. 1609, Austin, TX 78759.
I was born on April 27, 1957, at Lincoln, Nebraska. I have resided in the Austin area of Texas for many years, including during my youth. I am an alumnus of, and former Salutatorian for, my graduating class at Stephen F. Austin High School of Austin Independent School District in Austin, Texas. I am also an alumnus of the University of Texas at Austin.
I have most recently resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.
I hope to hear from you soon in response to this public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.Home address: 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.Home phone: (512) 342-2295.
John Kevin McMillan”

The City of Austin has no responsive documents to your request. Please be advised City of Austin Police Department is the custodian of records for these documents. Pursuant to section 552.30l(c) of the Government Code, the City of Austin has designated certain addresses to receive requests for public information sent by electronic mail. For requests seeking records held by the Austin Police Department, the address is: management.records@austintexas.gov or visit APD Public Records Request. Your request will not be considered received unless it is sent to the proper address.

Thank you for contacting the City of Austin.

PIR Team
City of Austin—Law Department
(512) 974-2268


Tuesday, October 30, 2018

AUSTIN POLICE DEPARTMENT ON OCTOBER 25, 2018, ACKNOWLEDGES RECEIPT OF A PUBLIC-INFORMATION REQUEST FROM ME THAT'S FOCUSED ON AUSTIN POLICE DEPARTMENT SERGEANT MICHAEL KING AND MYSELF, JOHN KEVIN McMILLAN OF AUSTIN, TEXAS


On Thursday, October 25, 2018 1:06 PM, Austin Public Records Center wrote:

Thank you for contacting the City of Austin Police Department. Your e-mail has been given the reference number Z002057-102518 for tracking purposes. Your request will be forwarded to the relevant Police departments to locate the information you seek.

If you have submitted a Public Information Request:

An account has been created for you in the Austin Police Department - Public Records Center where you can track and monitor the status of your request, and receive any documents in response to your request. If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password.

Please login and go to "My Request Center" to update your account information, track the status of your request and receive requested records when they become available.

Pursuant to the Texas Public Information Act, you will receive communication from the Austin Police Department within 30 business days informing you of one or more of the following:

The date the information will be available or a copy of the records sought.
A cost estimate/invoice.
A letter advising there is no responsive information for your request or that some/all the responsive information may or must be withheld by the Austin Police Department in accordance with the law.
The need for clarification from you.

Please note your request must ask for records that already exist. The Texas Public Information Act does not require a governmental body to create new information, perform legal research, or answer questions.

You can monitor the status of your request using the "My Request Center" menu option on the left.

For all future requests, you can use the Austin Police Department - Public Records Center to expedite your request.

Again, thank you for contacting the Austin Public Records Center.
_____________

On Thursday, October 25, 2018 1:04 PM, John McMillan <mcmillanj@att.net> wrote:

To: Austin Police Department (APD),
Public Information Office,
715 East 8th Street,
Austin, Texas 78701
Office phone: (512) 974-5017
FAX: 512-974-6619

October 25, 2018

Dear (APD) Public Information Coordinator for the City Government of Austin,

I would like to thank the City of Austin Public Information Office for sending me a reminder message earlier today which stated that I should have directed my October 25, 2018, public-information request focused on Sergeant Michael King directly to the Austin Police Department's official public-information-requests e-mail address of "management.records@austintexas.gov". Please disregard the earlier version of this public-information request that I sent earlier today to the City's Public Information Office. 

The following is a revised and clarified new version of that public-information request from myself:

I seek to obtain from your municipal law-enforcement agency in Austin, Texas, a copy of (:)

(---) each and every "cease and desist" order to a self-identified continuous-sex-crimes victim that was written and sent or forwarded to that individual by APD Sergeant Michael King of APD's Crisis Intervention Team, or that Sergeant King directly cited in writing to a self-identified continuous-sex-crimes victim as being a "cease and desist" order from a City of Austin or APD official that was currently applicable to that individual; 

(---) each and every "no more alleged-continuous-sex-crimes evidence photos are needed from you" written statement from APD Sergeant Michael King; 

(---) each and every "no additional forensic DNA sexual-assault exams on you as a self-identified continuous sex-crimes victim are needed or are appropriate" written statement from APD Sergeant Michael King;

(---) each and every written statement from APD Sergeant Michael King about his not being willing to contact the Austin Police Department Sex Crimes Unit on behalf of a self-identified or cited continuous sexual-assault-crimes victim; 

(---) each and every statement in which APD Sergeant Michael King indicated or stated in writing to a self-identified continuous-sex-crimes victim that Sergeant Michael King himself represents or writes or speaks on behalf of the APD Sex Crimes Unit; 

(---) and each and every "I (APD Sergeant Michael King) won't contact a cited relative of yours on your behalf in regard to your allegations about being victimized by alleged continuous sex crimes" written statement, 

that in each and every such case that occurred at any time since January 1, 2014, was written and e-mailed or mailed by APD Sergeant Michael King of APD's Crisis Intervention Team to myself, self-identified continuous-sex-crimes victim John Kevin McMillan of northwest Austin, or to any other Austin resident who was also stating that he or she was a self-identified victim of alleged continuous sex crimes in Austin.

The APD Sergeant Michael King to whom I refer has the cited APD office phone number of (512) 854-3432. A polite female APD staff member stated to me at about
1 p.m. today on the telephone that she was "not able to pull up" Sergeant Michael King's APD badge number from her computer system records.

Below, as a convenience to your government agency in Austin, Texas, are the exact texts of numerous reply e-mail letters that APD Sergeant Michael King, in his cited official capacity as a City Government of Austin-designated "official APD Liaison" to myself (John Kevin McMillan of northwest Austin), wrote and sent to me in recent years. Several of those e-mail communications to me by Sergeant Michael King ARE included in the scope of this public-information request from myself, and I would appreciate receiving from you a copy of each and every such applicable e-mail letter to me by Sergeant King.

Included in the scope of this public-information request, for instance, is the following signed "cease and desist" order citedly on behalf of the Office of the Police Monitor that Sergeant King wrote and sent to me on May 12, 2014, in response to a new tentative complaint by me, in regard to possible alleged impropriety toward me by an APD officer, that I had informed Sergeant King about in writing:

King, Michael 
To
'John McMillan' lori.carter@co.travis.tx.us mariela@brattonfirm.com Long, TaraTurner, James
CC
White, Lance

05/12/14 at 11:08 AM
(Subject Heading:) 5-5-14 reply to APD Sergeant Lance White re: conduct by APD Officer Best

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
_________________
King, Michael 
To
mcmillanj@att.net
CC
Turner, James

05/15/16 at 11:14 AM
(Subject Heading:) re: nose of male subject not resembling my own

Do you want MCOT to come out and talk with you?
Officer Turner and I don't need any more videos today. You can hang on to the videos and store them and if we need them later then we can get the from you. 

Sgt. King

> On May 15, 2016, at 11:06 AM, "Alerts@ADTPulse.com" <Alerts@ADTPulse.com> wrote:

> Video taken 5/15 8:26 AM by Indoor Camera at JOHN MCMILLAN Home.
for APD Case 16-1340923.

_____________
King, Michael michael.king@austintexas.gov>
To
Alerts@ADTPulse.com
CC
mcmillanj@att.net Turner, James

05/15/16 at 12:21 PM
(Subject Heading:) more evidence of movement to wall behind me

John
Stop sending the videos, the police department does not need them at this time. We can discuss it Monday.

> On May 15, 2016, at 12:16 PM, "Alerts@ADTPulse.com" <Alerts@ADTPulse.com> wrote:
>
> Video taken 5/14 7:17 PM by Indoor Camera at JOHN MCMILLAN Home.
RE: APD Case 16-1340923.

___________________
King, Michael <Michael.King@austintexas.gov>
To
'mcmillanj@att.net'
CC
Turner, James

02/11/15 at 12:17 PM
(Subject Heading:) Heard your Calling

John
Calling various Departments and 
members of the City Council and asking them questions about your past case 
with APD and expecting them to be 
able to answer your question on the 
spot is unreasonable. 

If you wish to discuss something regarding 
the case call me and we can discuss the issue. 

John as always we will try to help but there are limits as to what we can do. 

I know there is disagreement but we have
always been able to at least talk about the issues. 

Feel free to call me 512-854-3432 and I would 
like you to keep the contact about the case and past events to myself and Officer Turner as we are knowledgeable about it and have been your point of contact. 

As always we are also open to meeting with you.

Sgt. King

Sgt. Michael King
Austin Police Department
Crisis Intervention Team
512-854-3432
Michael.king@austintexas.gov
______________
King, Michael 
To
'John McMillan'
04/07/15 at 2:11 PM

(Subject Heading:) 4-1-15 the legal docs you 
requested that were sent to me 3-26-15, 3-31-15, 
by APD Rep. Moore

Mr. McMillan

The case was closed/unfounded. Sex crimes is no longer going to investigate the case. 


Sgt. Michael King
Austin Police Department
Crisis Intervention Team
512-854-3434
Michael.king@austintexas.gov
_____________
King, Michael 

To
mcmillanj@att.net, Eveleth, Michael; Eveleth, Michael; Newsom, Justin; King, Michael; Sociology Prof. Jim Nolan (West Va. University); Roger Dean; Lori Carter; Dayna Blazey; Hamilton, Greg [TCSO]; FBI Dallas Bureau; U.S. President Barack Obama; U.S. Department of Homeland Security; Governor's Office of Texas Open Records Administrator; Gregory Lucas;david.escamilla@traviscountytx.gov; Gayle, Jerikay; Morgan, Anne; Texas Rangers Division of DPS; Rudy Magallanes; admin@tcslea.org;MargaretforDA@gamail.comamarsh@law.utexas.edu;eharrington@law.utexas.edusmccown@law.utexas.edu;hway@law.utexas.eduilpa@utsa.edu;mcrouter@law.utexas.eduhgaebler@law.utexas.edu;cji@uh.edu; Human Rights Law Society (U of Chicago); Federal Law Enf. Officers Assn; Ftc Webmaster; State Rep. Dawnna Dukes; State Rep. Donna Howard Constituent Services Dr. Scott Daigle; StateRep.DonnaHoward; ARIC; National Crime Prevention Council; U.S. Rep. Michael McCaul (2015); Wind River Crossing GM Ann Coker; Wind River Crossing Asst Mgr Samantha Redmon; kimberly.flores@westdale.com; Texas Commission On Law Enforcement Director Kim Vickers; Texas Forensic Science Commission (2016); Liz Laurence; Jennifer A. DeCamp; Bruce Garrison; Leslie DeGraffenried; Eric Polak; Eric Jones; Yessenia (Denny's Lakeline); Leander Police Chief Minton; npap@nlg.org; Aclutx Info; Texasadvocacyproject Info; U.S. Attorney's Office Western District of Texas; Texas Tribune Editor In Chief Evan Smith; Texas Civil Rights Project; Carter Center for Human Rights; Austin Chronicle Editors; Statesman News; Fox 7 (Austin TX) TV News;isonx001@umn.edu; Attorney Cousin Jack Dane; Chris Evert Charities/Ms. Chris Evert; E.C. Community Service Dir. Chris Barbee; Richard Jalowy; El Campo (TX) City Manager Mindi Snyder; Texas City Attorneys Assn. General Counsel Scott Houston; Serrano, Enrique; El Campo City Attorney Ronald B. Collins; Bennie DiNardo; James Willett; Ernie Motloch; Public Information; DPSTexas Rangers Division

Subject: re: Fw: 7-14-16 will APD authorize a SAFE on me at this time?

07/14/16 at 11:41 AM

Mr. McMillan

I will not be contacting 
the sex crimes unit for a SAFE exam approval.  

These events are a continuation of the same events Officer Turner and I have discussed with you in the past. Mr. McMillan if you would like you can call me on my office line to discuss options going forwards. 

Officer Turner is out of the office for the next few days. 

Sgt. Michael King
Austin Police Department
Crisis Intervention Team
Michael.king@austintexas.gov
512-854-3450 
_______
King, Michael 
To
'mcmillanj@att.net'
CC
Turner, James

01/27/15 at 12:13 PM
(Subject Heading:) APD

Mr. McMillan

I have received the numerous emails you continue to send to myself and numerous other individuals and organizations. 

There is no current criminal investigation
involving you as a victim currently being 
investigated by the Austin Police Department. 

As we have discussed in the past I still would 
hope you could consider looking into other 
possibilities as a resolution to your current 
on going situation. 

I again offer what I have offered in the 
past, I can have Austin Travis County Integral 
Care Mobile Crisis Outreach Team meet with
you to discuss your current situation. 

Mr. McMillan at least tell them your story. 

What is the worst that can happen you talk
to a member of the ATCIC MCOT team. 

John it is not some kind of trick the police 
department will not be there just MCOT. 

Please just give it a try. 

Regardless of if you meet with 
ATCIC MCOT the email and contact with 
the police department need to be limited to 
myself and Officer Turner unless it is an
emergency and then of course call 911.

John you are going over the same issues you 
have covered in the past that have already been handled. 

The police department has closed the case
from 2011, there is no further investigation. 

You are also more than welcome to meet 
with Officer Turner and I in person to discuss 
any issues after an appointment can be made
to accommodate everyone’s schedule. 

Sgt. Michael King
Austin Police Department
Crisis Intervention Team
Michael.king@austintexas.gov
____________
King, Michael 
To
'John McMillan'

09/24/14 at 1:51 PM

(Subject Heading:) 9-24-14 follow-up note per referral today from your APD NW District staff member Carol 
and APD 311

John

Let me state as I have before, are you willing to
accept the help I have offered to you in the past. 
There is nothing more I can do to help you John 
until you are willing to help yourself and seek help
from professionals who can assist you. 

There is no criminal investigation
on going at this time and we have discussed this in the past on several occasions. 

As for sharing evidence I’m not sure 
what you are seeking but at this time 
there is nothing new related 
CC
Turner, James

07/08/14 at 6:46 AM

(Subject heading:) 7-7-14 crime report for APD re: 3:45 a.m. incident this Monday

John

After reviewing your email I didn’t see 
anything that leads me to believe someone entered your room. 

You state it was locked and everything
is like all the accounts from past stories you have told me over the years.

John as we have previously discussed please explore the possibility this is something else and allow me to set 
up an appointment with someone 
who can try to help you. 

(Subject heading:) with two factual corrections: FW: 
unannounced 5-6-14 visit to my apt. by Officer Turner, Sgt. King

05/12/14 at 8:30 AM

John


I’ve gotten several emails lately from ya. Once 
again I will offer the same assistance I have 
offered you in the past and if you wish to
speak with someone from ATCIC I would be 
more than willing to assist in arranging a 
meeting. 
______________

King, Michael 
To
'John McMillan'
03/12/14 at 1:34 PM
(Subject heading:) 3-12-14 urgent follow-up question for Sgt. King

Mr. McMillan at this time I am not
going to call or contact your sister. 
From our conversation you stated 
she did not want you to contact her
and from our conversation it appears 
it has been that way since 1997. 

It appears she does not wish to have contact with you and therefore I am 
not going to involve her. 

As always Mr. McMillan I would like to offer the
services of the Austin Police Department Crisis Intervention Team. 

This unit does not investigate criminal offenses.

As we have spoken about before if you would 
like I can arrange to have someone from my unit
and ATCIC try to assist you with referrals and resources. 
_____________________________

My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska.

My current mailing address, ever since early September of 2017, is: Village Oaks Apartments, 10926 Jollyville Road, Bldg. 16, Apt. 1609, Austin, TX 78759.

I have resided in the Austin area of Texas for many years, including during my youth. I am an alumnus of, and former Salutatorian for, my graduating class 
at Stephen F. Austin High School of Austin Independent School District in Austin, Texas. I am also an alumnus 
of the University of Texas at Austin. 

I have most recently resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.

I am a former full-time clerical employee in Austin for the Texas Department of Public Safety state law-enforcement agency. I strongly support crime-deterrence and law-enforcement. I myself do not have any criminal-conviction record, and I take pride in being honorably vigilant as a private citizen in Austin.

I am the founder and only approved current 
member of a new and non-Christian "Honor Society" religion, the "Progressive Prohibitionist Religion", 
that has very stringent membership-eligibility requirements. 

My religion opposes thought-control projects, opposes the infliction of anonymous communications on 
a person against his wishes that 
violate his own privacy rights, 
opposes personal-injury-crimes, 
opposes sexual assault, opposes 
home-invasion crimes, opposes
stalking, opposes fraudulent or
injurious "medical services", 
opposes fraudulent or deliberately
false communications, and opposes medically injurious noise pollution.

I have not consumed any drinking 
alcohol anywhere in the world on 
any occasion since the late summer 
of 1990, and I am NOT a "recovering alcoholic" or "former alcoholic".

I have not consumed any marijuana on any occasion since the late fall of 1984, and in my entire life I have never consumed any illicit drug other than marijuana. 

I am NOT a former drug addict, 
nor am I a current drug addict.  

I am a lifelong abstainer from any 
and all tobacco products, and I
lead an anti-tobacco lifestyle and religious life.

I might add that I myself have 
never been tattooed on any portion 
of my own body on any occasion in 
my entire life. I am personally and 
religiously opposed to the 
emblazoning of tattoos on human 
bodies.

I hope to hear from you soon in response
to this public-information request from myself.

Sincerely and Best Wishes,

John Kevin McMillan, public-information requestor.
Home address: 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.
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 ...