Wednesday, December 19, 2018

TRAVIS COUNTY DEPARTMENT OF TRANSPORTATION AND NATURAL RESOURCES ON DECEMBER 19, 2018, RECEIVES A POLITELY-WORDED PUBLIC-INFORMATION REQUEST FOCUSED ON COUNTY EXECUTIVE CYNTHIA McDONALD AND ME


From: John McMillan

To: TNR.OpenRecords@traviscountytx.gov ; Governor's Office of Texas Open Records Administrator ; margaret.moore@traviscountytx.gov ; Kirk Watson ; Gina Hinojosa ; FBI Dallas Bureau ; Austin Mayor Steve Adler ; Texas Rangers Division of DPS ; U.S. Department of Homeland Security ; City of Austin Interim City Attorney Anne Morgan ; Joyful Heart Foundation for Rape Victims ; Public Information ; Texas Legal legal-aid service (2015) ; Texas DPS Office of General Counsel ; District 8 ; Austin City Council Member Delia Garza (2015) ; district9@austintexas.gov ; Austin City Auditor QA Coordinator (2016) ; City of Austin Asst City Manager Robert Goode ; Office for Victims of Crime (U.S. DOJ) ; CountyAttorneyDavidEscamilla ; Texasadvocacyproject Info ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Rainn Info ; sarah@nshhcoalition.org ; Dayna Blazey ; sally.hernandez@traviscountytx.gov ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; spencer.cronk@austintexas.gov ; josephine.salas@austintexas.gov ; Austin City Council Member Ann Kitchen (2016) ; rey.arellano@austintexas.gov ; Travis County Judge Sarah Eckhardt ; Christian Hawley ; APD Interim Police Chief Brian Manley ; Michael Eveleth ; joe.hebbe@austintexas.gov ; APD Officer Dean Tran ; David Maxwell ; justin.newsom@austintexas.gov ; heather.phillips@austintexas.gov ; Fbinaa Info ; Drew Springer ; Texas Apartment Association

Sent: Wednesday, December 19, 2018, 1:37:06 PM CST

Subject: 12-19-18 PIR to TC TNR re: Cynthia McDonald and me

To: Open Records Coordinator,
Travis County Department of Transportation and Natural Resources,
700 Lavaca Street, Fifth Floor,
Travis County Government Administration Building,
P.O. Box 1748,
Austin, TX 78767
Office phone: (512) 854-9383
FAX: 512-854-9436
Official Open Records e-mail address for this county department: TNR.OpenRecords@traviscountytx.gov

December 19, 2018

Dear Open Records Coordinator for the Travis County Government Department of Transportation and Natural Resources in Austin, Texas,

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail communications written by Cynthia McDonald of your county government department at any time since 9 a.m. November 1, 2000, regardless of the job title she held at the time, that referred at least once in any manner to myself, John Kevin McMillan of Austin, Texas.

Throughout the entire 18-year period applicable to this public-information request, Ms. McDonald has served as either financial manager, or as Chief Deputy, or, most recently, as County Executive, with each of those three respective positions having been specifically at and for the Travis County Department of Transportation and Natural Resources here in Austin.

This public-information request was prompted in part by an E-mail letter I received earlier this year from Cynthia McDonald, who advised me in writing that I had the option of myself contacting 311 here in Austin in order to myself file a legal complaint relating to alleged continuous noise pollution allegedly victimizing myself that a highly-rated ear, nose, and throat medical specialist in Austin had determined to have been significantly medically injurious to myself.

This public-information request was also prompted by my recalling today that Ms. McDonald's counterpart with the City Government of Austin, Robert Goode (who presides over Public Works and Transportation and Infrastructure Services for the City of Austin, and who also provides or directly supervises a Staff Liaison for the "Austin Energy" City of Austin electricity department here), or one of his top staff members, Kyle Carvell, in early 2017 each directly sent the following e-mail letters referring to myself (copies of which I obtained through an e-mail public-information request I submitted to the City Government of Austin) to Dr. Alison Alter, my duly-elected Austin City Council Member for the district in which I reside, City Council District 10, or to City Council District 10 staff members of Dr. Alter:

Carvell, Kyle
From: Carvell, Kyle
Sent: Wednesday, February 01, 2017 2:55 PM
To: Cadena-Mitchell, Kurt; Rivera, Osiel; Diaz, Elaine
Cc: Goode, Robert
Subject: RE: Harvard alum Council Member Alter silent on apt. security issue
"Kurt,
"According to my colleagues here in CMO, you can refer Mr. McMillan to the APD Crisis Intervention Team, Sgt. Michael King for follow up. We will contact Sgt. King and ask him to call Mr. McMillan on the Council Member’s behalf, if you like?
"Thanks,
"Kyle"
______
From: Goode, Robert 
To: Alter, Alison 
Cc: Rivera, Osiel; Cadena-Mitchell, Kurt; Diaz, Elaine; Carvell, Kyle 
Subject: Re: Harvard alum Council Member Alter silent on apt. security issue 
Date: Sunday, January 29, 2017 10:13:47 PM 
"I see a few options. 1) continue with silence...however, he may still send out emails berating you for that silence. 2) reply. Since he has stated that he has been assualted, you could refer him to APD. You certainly can't investigate his claims, so you should refer him to the correct agency to handle these claims. If you choose alt 2) I can find the correct contact for the referral. 
"With that said, I'm guessing that either alternative will still lead to continued communications for awhile. But, if you refer him to APD, the next time he contacts your office, you can stay with that path and just repeat that your office can't investigate his assault claims.
"I will get you a contact for APD and relay that to you."
Robert Goode 
Assistant City Manager 

On Jan 28, 2017, at 9:46 AM, Alter, Alison wrote: 
"Robert,  Can you please provide further guidance to my office on how to respond to this gentleman? I know you had advised me that city officials were aware of this matter and to not respond. I was not aware that my staff was also receiving these messages until now."
Thanks, 
Alison Alter
______________
From: Goode, Robert 
To: Alter, Alison 
Subject: RE: 1-16-17 urgent question for my new rep. on the City Council 
Date: Tuesday, January 17, 2017 5:04:00 PM 
"I recommend that you stay silent and not respond." 
From: Alter, Alison 
Sent: Tuesday, January 17, 2017 4:56 PM 
To: Goode, Robert 
 Subject: FW: 1-16-17 urgent question for my new rep. on the City Council 
"Any further guidance on this?"

From: John McMillan [mailto:mcmillanj@att.net] 
Sent: Monday, January 16, 2017 10:12 AM 
To: Alter, Alison ; Rivera, Osiel ; (and numerous other cited recipients, including to then-Interim Austin Police Chief Brian Manley at an e-mail address of "Brian.Manley@ausps.org" that I was provided at that time by a City of Austin official).
".....Council Member Alter, your temporary assistant, Osiel Rivera, did helpfully state to me on January 12 (2017) or January 13 (2017), during a phone call I made to your City Hall office, that he himself supports full freedom from crime for myself inside my locked private bedroom ---a private bedroom where I ALWAYS sleep ALONE on a bed I myself own, I myself being a longtime-celibate-by-choice, single-by-choice, always-sober (no alcohol consumption or any illicit-drug consumption) and lawfully-nonChristian gentleman --- on a 24-hour-a-day-basis inside my current two-bedroom, two-bathroom rental apartment unit in northwest Austin (an apartment that I currently share with one total official roommate, a strictly-platonic new roommate for me who is an older gentleman....).
"In my phone conversation with your temporary assistant Mr. Rivera, he also stated to me that he could not speak for yourself on that cited issue. 
"Council Member Alter, do you yourself also agree with Mr. Rivera's very recent statement to me on that very important quality of life issue for myself?"
________
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. 

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

I have maintained the same e-mail address of "mcmillanj@att.net" for many years, including at present.

I have maintained and paid for the same AT&T residential-service personal home phone number for myself for many years here in Austin: (512) 342-2295.

My apartment unit addresses during the applicable period for this public-information request, listed in descending chronological order beginning with the rental unit where I resided in 2000, have been:

---ViewPoint Apartments, 2518 Leon Street, Apt. 101, Austin, TX 78705.
---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 1638, Austin, TX 78759.
---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, TX 78759.
---Crossland Economy Studios, 12621 Hymeadow, Apt. 133, Austin, TX 78729.
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Austin, TX 78759.
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.

Thank you in advance for your prompt reply letter providing me with any and all responsive documents.

Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.
10926 Jollyville Road, Apt. 1609, Austin, TX 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net

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