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