Tuesday, April 16, 2019

THE U.S. DEPARTMENT OF JUSTICE ON APRIL 16, 2019, RESPONDS IN WRITING TO THE ATTORNEY GENERAL OF TEXAS's RECENT OPEN RECORDS RULING THAT REFERS TO THE TRAVIS COUNTY DISTRICT ATTORNEY AND ME


From: OIP-NoReply


To: mcmillanj@att.net

Sent: Tuesday, April 16, 2019, 7:28:39 AM CDT

Subject: FW: FYI re: OAG's 4-10-19 ruling on my legal complaint vs TC DA's OFFICE

Dear John McMillan:

This responds to your correspondence dated April 14, 2019.


Please note that the principal administrative function of the Office of Information Policy is the adjudication of appeals from the denial of access to information pursuant to the Freedom of Information Act and the Privacy Act of 1974 by components of the Department of Justice. Unfortunately, I cannot be of any further assistance to you in this matter.

Sincerely,
PJ/OIP

Please do not reply to this e-mail, as this account is not monitored. Thank you.
______

From: John McMillan <mcmillanj@att.net> 


Sent: Sunday, April 14, 2019 1:41 AM

To: sarah@nshhcoalition.org; Shawn.Morris@ag.ny.gov; feedback@naag.org; CriminalInfo@ag.louisiana.gov; DOJ.OIP.FOIA (SMO) <Ex_DOJOIPFOIA@jmd.usdoj.gov>; info@humanrights.se; info@bihr.org.uk; dpp@dppireland.ie; DCarl@nmag.gov; info@da.state.nm.us; D21DA@dac.state.ok.us;oag@ArkansasAG.gov; admin@arkpa.org; lawcommunications@emory.edu; humanrts@umn.edu; policechief@menlopark.org; General Counsel 2016 Massachusetts Chiefs of Police Assn <legal@masschiefs.org>; Spanish Embassy (Washington D.C.) <emb.washington@maec.es>; robert.deleo@mahouse.gov;ronald.mariano@mahouse.gov; bruce.ayers@mahouse.gov; daniel.hunt@mahouse.gov;kay.khan@mahouse.gov; tackey.chan@mahouse.gov; john.keenan@masenate.gov; Creem Cynthia (SEN) <cynthia.creem@masenate.gov>; Spilka Karen (SEN) <karen.spilka@masenate.gov>; Australian Attorney General Canberra <publicaffairs@ag.gov.au>; AGO - Department of Justice <nedoj@nebraska.gov>; Austin Chronicle Editors <mail@austinchronicle.com>; Austin American-Statesman Investigative Reporter Andrea Ball <aball@statesman.com>

Subject: Fw: FYI re: OAG's 4-10-19 ruling on my legal complaint vs TC DA's OFFICE

A respectful FYI to each of you public officials and civic leaders on the following April 10, 2019-dated and signed three-page official ruling (below) by the Attorney General of Texas that directly and specifically refers to me by name.

Any written reply note from any of you on any aspect of this would be greatly appreciated.
With Friendly Best Wishes,
from Nebraska native and former Boston-area resident and current Austin (TX) resident John Kevin McMillan.
My home phone: (512) 342-2295 (accepts voice mail messages, but not texts).
My home address: Village Oaks Apartments (a NW Austin apartment complex reportedly owned and managed, respectively, by two separately-named for-profit corporations that are each headquartered at the very same street address in Newton, Mass.), 10926 Jollyville Rd., Bldg. 16, Apt. 1609, Austin, TX USA 78759.
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda

----- Forwarded Message -----

From: John McMillan <mcmillanj@att.net>

To: abanews@americanbar.org <abanews@americanbar.org>; info@nla.org <info@nla.org>; DenverPostEditors <newsroom@denverpost.com>; National Coalition Against Domestic Violence Denver 2017 <mainoffice@ncadv.org>; National Center on Domestic and Sexual Violence Dir. Debbie Tucker (AustinTX) <dtucker@ncdsv.org>; National Center On Domestic and Sexual Violence Communics Dir. Walsh <cwalsh@ncdsv.org>; Mncasa Info <info@mncasa.org>; Nelson Madelyn (GOV) <madelyn.nelson@state.mn.us>; Hennepin County MN Attorney <citizeninfo@hennepin.us>; MN Attorney Ramsey County St. Paul <contactramseycounty@co.ramsey.mn.us>; Scotland Info <info@scotland.org>; The Daily Scotsman Newspaper Group <jpnm.coordinator@jpress.co.uk>; The Australian Daily Newspaper Sydney <letters@theaustralian.com.au>; The Daily Beast 2016 <editorial@thedailybeast.com>; Le Monde" Daily Newspaper Letters To the Editor <courrier-des-lecteurs@lemonde.fr>; Daily Mirror Investigative Reporters England <investigate@mirror.co.uk>; Sydney Herald Australia 2017 <newsdesk@smh.com.au>; USTA Member Services <memberservices@usta.com>; Chris Evert Charities/Ms. Chris Evert <cevert@chrisevert.org>; University of Florida President <privacy@ufl.edu>; Florida State Univ. President T.K. Wetherell <president@mailer.fsu.edu>; Florida Sexual Crimes Investigators Assn. Exec Dir Moore (2016) <earlmoore33@gmail.com>; naalj@naalj.org <naalj@naalj.org>; Bennie DiNardo <bennie.dinardo13@gmail.com>; dustin.burrows@house.texas.gov <dustin.burrows@house.texas.gov>; ACC President Richard Rhodes <rrhodes@austincc.edu>; Diocese of New Ulm Roman Catholic <dnu@dnu.org>; New Ulm (MN) Journal Editor <editor@nujournal.com>; Los Angeles County (CA) District Attorney <webmail@da.lacounty.gov>; The New York Times <letters@nytimes.com>; dsaunders@globeandmail.com <dsaunders@globeandmail.com>; laura.amico@globe.com <laura.amico@globe.com>; Boston (MA) Mayor 2016 <mayor@boston.gov>; Worcester (MA) Mayor (2016) <mayor@worcesterma.gov>; Minnesota Center Against Sexual Assault Violence and Abuse <sswweb@umn.edu>; UT-Austin Institute On Domestic Violence and Sexual Assault <nbusch@austin.utexas.edu>

Sent: Saturday, April 13, 2019, 12:49:22 PM CDT

Subject: Fw: FYI re: OAG's 4-10-19 ruling on my legal complaint vs TC DA's OFFICE

A respectful FYI to each of you on the following legal correspondence of mine that contains an official ruling this month by the Attorney General of Texas that directly refers to me by name.

I would welcome any and all reply notes to me from any of you on any aspect of this.

Sincerely and Best Wishes,

from former Floridian and former Massachusetts resident and current longtime criminal-law complainant John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295

----- Forwarded Message -----

From: John McMillan <mcmillanj@att.net>

To: Gina Hinojosa <gina.hinojosa@house.texas.gov>; Kirk Watson <kirk.watson@senate.texas.gov>; Travis County Judge Sarah Eckhardt <sarah.eckhardt@traviscountytx.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; Gerald Daugherty <gerald.daugherty@traviscountytx.gov>; Governor's Office of Texas Open Records Administrator <publicrecords@governor.state.tx.us>; Texas Legal legal-aid service (2015) <members@texaslegal.org>; City of Austin Interim City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Texas Rangers Division of DPS <rangers@dps.texas.gov>; FBI Dallas Bureau <fbi.dallas@ic.fbi.gov>; Justin Holland <justin.holland@house.texas.gov>; Joyful Heart Foundation for Rape Victims <info@joyfulheartfoundation.org>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; Texasadvocacyproject Info <info@texasadvocacyproject.org>; district9@austintexas.gov <district9@austintexas.gov>; District 8 <district8@austintexas.gov>; Austin City Council Member Delia Garza (2015) <delia.garza@austintexas.gov>; Don Zimmerman District 6 Northwest Austin <district6@austintexas.gov>; Drew Springer <drew.springer@house.texas.gov>; spencer.cronk@austintexas.gov <spencer.cronk@austintexas.gov>; Rep. John Bucy 2019CentralTX <john.bucy@house.texas.gov>; Rep. Sheryl Cole (2019 CentralTX) <sheryl.cole@house.texas.gov>; Rep. James Talarico (2019 Central TX) <james.talarico@house.texas.gov>; Travis County Auditor Patti Smith 2019 <patti.smith@traviscountytx.gov>; Rep. Erin Zwiener (2019CentralTX) <erin.zwiener@house.texas.gov>; Rep. Vikki Goodwin (2019CentralTX) <vikki.goodwin@house.texas.gov>; stein@rice.edu <stein@rice.edu>; statesman <news@statesman.com>; DMN Austin Bureau Reporter Robert Garrett <rtgarrett@dallasnews.com>; Unknown National <national@nytimes.com>; Steven Rich <steven.rich@washpost.com>; Texas Observer Editors <editors@texasobserver.org>; texasmonthly <news@texasmonthly.com>; Cbsaustin News <news@cbsaustin.com>; news@dailytexanonline.com <news@dailytexanonline.com>; UT-Austin General Counsel Patricia Ohlendorf (2016) <vpla@austin.utexas.edu>; Travis County Commissioner Brigid Shea <brigid.shea@traviscountytx.gov>; Travis County Commissioner Jeff Travillion (2017) <jeff.travillion@traviscountytx.gov>; margaret.gomez@traviscountytx.gov <margaret.gomez@traviscountytx.gov>; Austin City Council Member Ann Kitchen (2016) <district5@austintexas.gov>; Texas Association Against Sexual Assault Atty Kaiser 2016 <ckaiser@taasa.org>; Austin Chronicle Editors <mail@austinchronicle.com>; Public Information <public.information@texasattorneygeneral.gov>; Texas DPS Office of General Counsel <ogc.webmaster@dps.texas.gov>; StateRep.DonnaHoward <donna.howard@house.texas.gov>; Williamson County (TX) Attorney (2016) <pvasquez@wilco.org>; Harvard Kennedy School Carr Center for Human Rights Policy <carr_center@hks.harvard.edu>; TRA General Counsel Kenneth Besserman <kbesserman@tramail.org>; Human Rights Law Society (U of Chicago) <hrls@law.uchicago.edu>; Outback Asst Mgr Nick Burton <nickburtonoutb@yahoo.com>; U.S. Dept. of Housing and Urban Devlpt (TX regional office) <tx_webmanager@hud.gov>; State Rep. Eddie Rodriguez (Austin area) <eddie.rodriguez@house.texas.gov>; Harvard Law School Human Rights Program (2016) <hrp@law.harvard.edu>; Leslie DeGraffenried <degraffenriedls@state.gov>; Attorney Cousin Jack Dane <hjdane@hjdane.com>; Miami Herald Letters To Editor <heralded@miamiherald.com>; Notre Dame Univ. Center for Civil and Human Rights <cchr@nd.edu>; Aurelio Contreras <aurelioc2007@hotmail.com>; smccown@law.utexas.edu <smccown@law.utexas.edu>; patsy.spaw@senate.texas.gov <patsy.spaw@senate.texas.gov>; Bnaibrith Info <info@bnaibrith.org>; Harvard Club of Austin 2017 <chandean1@outlook.com>; Rabbinic Call for Human Rights (NYC) <office@truah.org>; Brandon Creighton <brandon.creighton@senate.texas.gov>; Mass. Dist. Attorneys Assn. <webmail@daa.state.ma.us>; matt@crosspointeaustin.org <matt@crosspointeaustin.org>; thomas@stmaustin.org <thomas@stmaustin.org>; Ghbc Postmaster <info@ghbc.org>; office@uachurch.org <office@uachurch.org>


Sent: Friday, April 12, 2019, 1:54:16 AM CDT

Subject: Fw: FYI re: OAG's 4-10-19 ruling on my legal complaint vs TC DA's OFFICE

I apologize to each of you for some typographical errors I have identified in my own personal typed transcription of the following three-page April 10-dated legal letter and official ruling from Texas Assistant Attorney General Jahnna Ward. Below are corrected versions (highlighted by me with bold-faced type) of two transcribed sentences that each contained typos from me:

--"Accordingly, the district attorney's office may generally charge $35.63 an hour for the time necessary to complete these tasks."

--"However, if the district attorney's office does not locate any responsive information, the district attorney's office may not charge the requestor (John Kevin McMillan of Austin District 10) for labor, programming, or overhead."

I have also inserted these corrections into the text below.

Thank you for your patience and understanding on this.

Best Wishes,

John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295

----- Forwarded Message -----


From: John McMillan <mcmillanj@att.net>

To: Gina Hinojosa <gina.hinojosa@house.texas.gov>; Kirk Watson <kirk.watson@senate.texas.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; Austin City Council Member Ann Kitchen (2016) <district5@austintexas.gov>; District 8 <district8@austintexas.gov>; Travis County Judge Sarah Eckhardt <sarah.eckhardt@traviscountytx.gov>; Texas Legal legal-aid service (2015) <members@texaslegal.org>; Gerald Daugherty <gerald.daugherty@traviscountytx.gov>; Texas Rangers Division of DPS <rangers@dps.texas.gov>; Governor's Office of Texas Open Records Administrator <publicrecords@governor.state.tx.us>; City of Austin Interim City Attorney Anne Morgan <anne.morgan@austintexas.gov>; FBI Dallas Bureau <fbi.dallas@ic.fbi.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Joyful Heart Foundation for Rape Victims <info@joyfulheartfoundation.org>; Rainn Info <info@rainn.org>; Texas Association Against Sexual Assault Atty Kaiser 2016 <ckaiser@taasa.org>; TRA General Counsel Kenneth Besserman <kbesserman@tramail.org>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; Notre Dame Univ. Center for Civil and Human Rights <cchr@nd.edu>; Human Rights Law Society (U of Chicago) <hrls@law.uchicago.edu>; patsy.spaw@senate.texas.gov <patsy.spaw@senate.texas.gov>; Williamson County (TX) Attorney (2016) <pvasquez@wilco.org>; Austin City Council Member Delia Garza (2015) <delia.garza@austintexas.gov>; district9@austintexas.gov <district9@austintexas.gov>; Don Zimmerman District 6 Northwest Austin <district6@austintexas.gov>; Travis County Commissioner Brigid Shea <brigid.shea@traviscountytx.gov>; Travis County Commissioner Jeff Travillion (2017) <jeff.travillion@traviscountytx.gov>; Jeff Pender <jeff.pender@tdhca.state.tx.us>; Rep. Sheryl Cole (2019 CentralTX) <sheryl.cole@house.texas.gov>; Rep. James Talarico (2019 Central TX) <james.talarico@house.texas.gov>; Rep. Erin Zwiener (2019CentralTX) <erin.zwiener@house.texas.gov>; Rep. Vikki Goodwin (2019CentralTX) <vikki.goodwin@house.texas.gov>; Travis County Auditor Patti Smith 2019 <patti.smith@traviscountytx.gov>; Rep. John Bucy 2019CentralTX <john.bucy@house.texas.gov>; Texasadvocacyproject Info <info@texasadvocacyproject.org>; statesman <news@statesman.com>; Austin Chronicle Editors <mail@austinchronicle.com>; StateRep.DonnaHoward <donna.howard@house.texas.gov>; Texas Observer Editors <editors@texasobserver.org>; DMN Austin Bureau Reporter Robert Garrett <rtgarrett@dallasnews.com>; Outback Asst Mgr Nick Burton <nickburtonoutb@yahoo.com>; U.S. Dept. of Housing and Urban Devlpt (TX regional office) <tx_webmanager@hud.gov>; State Rep. Eddie Rodriguez (Austin area) <eddie.rodriguez@house.texas.gov>; Unknown National <national@nytimes.com>; Leslie DeGraffenried <degraffenriedls@state.gov>; Cbsaustin News <news@cbsaustin.com>; Attorney Cousin Jack Dane <hjdane@hjdane.com>; Miami Herald Letters To Editor <heralded@miamiherald.com>; Aurelio Contreras <aurelioc2007@hotmail.com>; smccown@law.utexas.edu <smccown@law.utexas.edu>; spencer.cronk@austintexas.gov <spencer.cronk@austintexas.gov>; Rey Arellano <rey.arellano@austintexas.gov>; Bnaibrith Info <info@bnaibrith.org>; swjc@swjc.org <swjc@swjc.org>; matt@crosspointeaustin.org <matt@crosspointeaustin.org>; Ghbc Postmaster <info@ghbc.org>; thomas@stmaustin.org <thomas@stmaustin.org>; Harvard Kennedy School Carr Center for Human Rights Policy <carr_center@hks.harvard.edu>; Harvard Law School Human Rights Program (2016) <hrp@law.harvard.edu>; Harvard Club of Austin 2017 <chandean1@outlook.com>; HumanRightsWatchOfficials(D.C. Office) <hrwdc@hrw.org>; Steven Rich <steven.rich@washpost.com>; news@texasobserver.com <news@texasobserver.com>; hway@law.utexas.edu <hway@law.utexas.edu>; Rabbinic Call for Human Rights (NYC) <office@truah.org>; Open Society Foundations <contact@opensocietyfoundations.org>; National Freedom of Information Coalition (2016) <nfoic@nfoic.org>; Texas Freedom Network <tfn@tfn.org>; news@dailytexanonline.com <news@dailytexanonline.com>; Texas AM System Genl Counsel (2015) (Ray Bonilla) <rbonilla@tamus.edu>; robert.kepple@tdcaa.com <robert.kepple@tdcaa.com>; diane.beckham@tdcaa.com <diane.beckham@tdcaa.com>; Jalayne Robinson <jalayne.robinson@tdcaa.com>; UT-Austin General Counsel Patricia Ohlendorf (2016) <vpla@austin.utexas.edu>; Brandon Creighton <brandon.creighton@senate.texas.gov>; Garnet F. Coleman <garnet.coleman@house.texas.gov>; stein@rice.edu <stein@rice.edu>; Drew Springer <drew.springer@house.texas.gov>; Justin Holland <justin.holland@house.texas.gov>; HarrisCountyDistrictAttorney'sOffice <rose_brian@dao.hctx.net>; Houston Police Dept (2015) <public.affairs@houstonpolice.org>; brooke.grona-robb@dallascounty.org <brooke.grona-robb@dallascounty.org>; Amie Ely <aely@naag.org>; Mass. Dist. Attorneys Assn. <webmail@daa.state.ma.us>

Sent: Friday, April 12, 2019, 1:25:00 AM CDT


Subject: FYI re: OAG's 4-10-19 ruling on my legal complaint vs TC DA's OFFICE

(A RESPECTFUL FYI TO EACH OF YOU ON ALL OF THIS, FROM PUBLIC-INFORMATION REQUESTOR AND CURRENT COMPLAINANT JOHN KEVIN McMILLAN OF NORTHWEST AUSTIN AND AUSTIN DISTRICT 10, WITH MY HOME PHONE NUMBER BEING (512) 342-2295 (A LANDLINE PHONE INSIDE MY RENTAL APARTMENT UNIT). BELOW IS THE ENTIRE TEXT OF THE THREE-PAGE OFFICIAL LEGAL LETTER SIGNED ON APRIL 10, 2019, BY TEXAS ASSISTANT ATTORNEY GENERAL JAHNNA WARD, AND FOR WHICH A COURTESY CARBON-COPY WAS MAILED TO ME (JOHN K. McMILLAN) AS THE CITED CURRENT COMPLAINANT AGAINST THE TRAVIS COUNTY DISTRICT ATTORNEY's OFFICE IN AUSTIN, TEXAS.

I RECEIVED MY COPY OF THIS THREE-PAGE RULING FROM U.S. POSTAL SERVICE MAIL DELIVERY ON THURSDAY, APRIL 11, 2019, TO MY APARTMENT UNIT MAILBOX AT VILLAGE OAKS APARTMENTS, 10926 JOLLYVILLE ROAD IN NORTHWEST AUSTIN. MY PUBLIC-INFORMATION COMPLAINT AGAINST TRAVIS COUNTY DISTRICT ATTORNEY MARGARET MOORE's GOVERNMENT AGENCY IN AUSTIN HAS BEEN ASSIGNED THE OFFICIAL IDENTIFICATION NUMBER OF 753295 BY THE ATTORNEY GENERAL'S OFFICE IN AUSTIN.

THE FINAL ITEM BELOW IS THE EXACT TEXT OF MY NOVEMBER 28, 2018-DATED E-MAIL PUBLIC-INFORMATION REQUEST TO THE TRAVIS COUNTY DISTRICT ATTORNEY's OFFICE THAT RESULTED IN A PUBLIC-INFORMATION COMPLAINT FROM ME AGAINST THAT COUNTY GOVERNMENT AGENCY IN AUSTIN.)


KEN PAXTON
ATTORNEY GENERAL OF TEXAS
Post Office Box 12548,
Austin, Texas 78711-2548
(512) 463-2100
www.texasattorneygeneral.gov


April 10, 2019

Ms. Ann-Marie Sheely
Assistant County Attorney
Travis County Attorney's Office
P.O. Box 1748
Austin, Texas 78767

Dear Ms. Sheely:

We issued a determination regarding the above referenced cost complaint on February 28, 2019. Since that time, Mr. McMillan has made this office aware of a clerical error in the initial letter. Accordingly, we hereby withdraw the determination issued on February 28, 2019. This letter is substituted for the previous letter and serves as the correct determination.

This office has received a complaint from Mr. John (Kevin) McMillan alleging the Travis County District Attorney's Office (the "district attorney's office") is overcharging for copies of public information (directly referring to himself) under the Public Information Act (the "Act"), chapter 552 of the Government Code. The complaint was assigned ID# 753295.

The district attorney's office received a (November 28, 2018-dated written) request for e-mail communications between named individuals (six respective high-ranking officials at the DA's Office in Austin) referencing the requestor (John Kevin McMillan of Austin District 10) during a defined (most recent approximately two-year) period of time.

The district attorney's office provided the requestor (John Kevin McMillan of northwest Austin) an estimate in the amount of $103.50.

The requestor filed a complaint because he believes the charges are excessive. After receiving the complaint, this office asked the district attorney's office to respond to a series of questions in order to determine if the charges were appropriate. The district attorney's office has provided a response to those questions.

Initially, we address any information that will be redacted. When confidential information is mixed with public information in the same page, a labor charge may be recovered for time spent to redact the confidential information, but not to redact information that falls with a discretionary exception. See 1 T.A.C. 70.3(d)(4); see also Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions in general).

The district attorney's office states it may need to redact information subject to sections 552.101, 552.108, 552.111, and 552.137 of the Government Code. We note information subject to section 552.137 of the Government Code may be withheld without requesting a ruling from this office((footnote)1). ((1) Open Records Decision No. 684 is a previous determination to all governmental bodies authorizing them to withhold certain information, including e-mail addresses of members of the public subject to section 552.137 of the Government Code, without the necessity of requesting an attorney general decision.)

However, in order to withhold information subject to sections 552.101, 552.108, and 552.111 of the Government Code, the district attorney's office must request a ruling from this office or rely upon a previous determination from this office. See Gov't Code 552.301; Open Records Decision No. 673 (2001) (listing elements of previous determinations under section 552.301(a) of the Government Code).

Upon receiving a ruling from this office or determining information is subject to a previous determination, the district attorney's office may include the time spent redacting confidential information in its cost estimate for labor. See 1 T.A.C. 70.3(d)(4). However, the district attorney's office may not charge for time required to redact information subject to only discretionary exceptions found under the Act, including sections 552.108 and 552.111 of the Government Code. See 1 T.A.C. 70.3(d)(4); see also Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions in general).

Next, we address the tasks performed in order to provide the requested information to the requestor (John Kevin McMillan of Austin District 10). The cost rules promulgated by this office allow a governmental body to charge $28.50 per hour for time spent programming. See 1 T.A.C. 70.3(c); see also Gov't Code 552.003(4) (defining programming); 552.262(a) (governmental body may charge up to twenty-five percent more than amount established in cost rules). Programming is defined as "the process of producing a sequence of coded instructions that can be executed by a computer.(") See Gov't Code 552.003(4). The district attorney's office states its Information Technology Services ("ITS") personnel created a "new search in GUI and command line format, to manipulate and reorder the request into a Boolean format of key terms and phrases that the system can recognize, and to program a sequence of the coded instructions to be executed." The district attorney's office also states these tasks do not include the time required for the computer to run the programmed search. Upon review, we agree the tasks described meet the definition for programming. Accordingly, the district attorney's office may generally charge $35.63 an hour for the time necessary to complete these tasks.

We note labor may be charged at $15.00 per hour for time spent locating, compiling, reproducing, and manipulating data. See 1 T.A.C. 70.3(d). We understand the district attorney's office based its estimate on prior experience. The district attorney's office estimates it will require one hour to "gather and sort the information from the [ITS search], organize and compile the emails, prepare the emails in a format that can be released to the requestor[,] and electronically redact any information that would be protected under [the Act]."

The district attorney's office states it may be necessary to convert e-mails to PDF to redact confidential information. Upon review, we find the tasks of gathering, compiling, preparing the e-mails for release, and redacting confidential information qualify as labor.

Accordingly, we find the district attorney's office may generally charge $15.00 per hour to complete these tasks.

However, the district attorney's office has failed to explain why it is necessary to organize the e-mails before providing them to the requestor (John Kevin McMillan of Austin District 10). Accordingly, we find this task does not meet the definition of labor, and the district attorney's office may not charge labor for the time necessary to complete this task. Further, the district attorney's office may not charge for labor or programming if no responsive information is found.

In addition, the district attorney's office may assess an overhead charge of twenty percent of the total allowable labor and programming associated with providing responsive information to the request. See id. 70.3(e)(3). However, if there is no appropriate labor or programming charge, the district attorney's office may not charge any overhead. See id.

In summary, the district attorney's office may generally charge $35.63 per hour for the programming required to produce the requested information. The district attorney's office may also generally charge $15.00 per hour for gathering, compiling, preparing the e-mails for release, and redacting confidential information. The district attorney's office may assess an overhead charge of twenty percent of the total allowable labor and programming associated with providing responsive information to the request.

However, if the district attorney's office does not locate any responsive information, the district attorney's office may not charge the requestor (John Kevin McMillan of Austin District 10) for labor, programming, or overhead.

Within five business days of receiving this letter, the district attorney's office is required to notify the requestor (Mr. McMillan) in writing of the amended charges, if any, to receive copies of the requested information in a statement that complies with 552.2615 of the Government Code. The district attorney's office is also required to provide this office a copy of that communication. We will consider this file closed.

If you have any questions or need further assistance, please contact us at (888) 672-6787.

Sincerely,

Jahnna Ward
Assistant Attorney General
Education and Enforcement Section
Open Records Division

JW/vd

Ref: ID #753295


c: Mr. John Kevin McMillan
10926 Jollyville Road, #1609
Austin. Texas 78759
___________

(THE FOLLOWING IS THE EXACT VERBATIM TEXT OF MY NOVEMBER 28, 2018-DATED E-MAIL OPEN RECORDS REQUEST TO THE TRAVIS COUNTY DISTRICT ATTORNEY's OFFICE THAT PROMPTED THE TRAVIS COUNTY ATTORNEY's OFFICE IN AUSTIN, TEXAS, TO REQUEST A RULING FROM THE ATTORNEY GENERAL OF TEXAS IN AUSTIN:)

From: John McMillan

To: DAOpenRecordsRequests@traviscountytx.gov ; Gerald Daugherty ; Texas Legal legal-aid service (2015) ; Governor's Office of Texas Open Records Administrator ; Public Information ; Texas Rangers Division of DPS ; Austin Mayor Steve Adler ; sally.hernandez@traviscountytx.gov ; FBI Dallas Bureau ; U.S. Department of Homeland Security ; City of Austin Interim City Attorney Anne Morgan ; Joyful Heart Foundation for Rape Victims ; Texas DPS Office of General Counsel ; Office for Victims of Crime (U.S. DOJ) ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Gina Hinojosa ; Kirk Watson ; Crime Report Ed. Stephen Handelman (2016) ; Florida Sexual Crimes Investigators Assoc Pres. Minton (2016) ; Florida Sexual Crimes Investigators Assn. Exec Dir Moore (2016) ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; TRA General Counsel Kenneth Besserman ; joe.moody@house.texas.gov ; district9@austintexas.gov ; Casework Mccaul ; central_texas@cruz.senate.gov ; cruz_press@cruz.senate.gov ; Texas Department of Health and Human Services Ombudsman ; Rainn Info ; Safeplace Info ; Safeaustin Info ; Texas Dept. of Public Safety Officers Assn. President ; TBPP General Counsel Bettie Wells ; Austin City Council Member Delia Garza (2015) ; District 8 ; Austin City Council Member Ann Kitchen (2016) ; district6@austintexas.gov ; Austin City Auditor QA Coordinator (2016) ; Superintendent ; The University of Texas at Austin ; ACC President Richard Rhodes ; ACLU ; Dawnna Dukes ; State Rep. Eddie Rodriguez (Austin area) ; StateRep.DonnaHoward ; statesman ; Texas Observer Editors ; Austin Chronicle Editors ; news@cbsaustin.com ; KXAN TV News Investigations ; Williamson County (TX) Attorney (2016) ; Travis County Intergovernmental Relations Coordinator Eckstein ; jalayne.robinson@tdcaa.com ; robert.kepple@tdcaa.com ; Houston Police Dept (2015) ; Cedar Park (TX) Police (2016) ; Leander Police Chief Minton ; Pflugerville (TX) Police Chief Charles Hooker (2016) ; martina.st.louis@austintexas.gov ; APD Officer Dean Tran ; justin.newsom@austintexas.gov ; Attorney Cousin Jack Dane ; smccown@law.utexas.edu ; Cousin Jim Dane ; Cousin Jim Dane ; IowaAttyGeneralTomMiller

Sent: Wednesday, November 28, 2018, 10:53:54 PM CST

Subject: 11-28-18 PIR re: six high-ranking TC DA's Office reps and me

To: Open Records Coordinator,
Travis County District Attorney's Office,
Travis County Government,
Street address:
509 West 11th Street,
Suite 1.700,
Austin, TX 78701
Mailing address:
P.O. BOX 1748,
Austin, TX 78767
Office FAX: 512-854-9534

Main phone number of the Travis County District Attorney's Office:
(512) 854-9400.

November 28, 2018

Dear Travis County District Attorney's Office Open Records Requests Administrator 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 that respective high-ranking officials Don Clemmer, Gregg Cox, Dayna Blazey, Mike Lummus, Beverly Matthews, and Dexter Gilford of your Travis County District Attorney's Office in Austin, Texas, have each written or received at any time since January 3, 2017, and that, in each and every such case, referred at least once in any manner to myself, John Kevin McMillan of northwest Austin.

EXCLUDED from the scope of this public-information request are any and all written communications that were exclusively and solely written by myself, John Kevin McMillan of northwest Austin.

I am a gainfully-employed, permanently-drinking-alcohol-free, lifelong-tobacco-free, single adult Anglo male resident of the same county government precinct---precinct 3---in which Travis County Commissioner Gerald Daugherty resides. Mr. Daugherty, a Republican, reportedly is the primary county commissioner who officially represents me on the Travis County Commissioners Court.

On September 14, 2018, I received a surprising E-mail letter from Travis County Assistant County Attorney Ann-Marie Sheely. That letter directly stated to me in writing for the first time ever that County Commissioner Daugherty's office in recent years sought and obtained legal advice from attorneys of the Travis County Attorney's Office in regard to myself.

That disclosure to me was offered in the context of an official September 14, 2018, signed legal letter submitted by Ms. Sheely to the Attorney General of Texas on behalf of Commissioner Daugherty, a copy of which was provided to me by Ms. Sheely. Her legal letter sought official permission from that state agency for County Commissioner Daugherty to withhold from me records of those legal consultations his office had had with the county attorney's office in regard to myself.

On April 27, 2015, a birthday for me, I was interviewed in person at your Travis County District Attorney's Office by two DA's Office "Critical Incident Unit" investigators, Lt. Roger Dean and Sergeant Jose Ballesteros.

On September 26, 2014, I signed for and received inside the Balcones Post Office along Jollyville Road in northwest Austin a certified-delivery official September 23, 2014-dated, signed legal letter on official Travis County District Attorney's Office letterhead that was directly addressed to me.

That letter was written and signed by Travis County Assistant District Attorney Rob Drummond. That official DA's Office letter addressed to me directly cited "your complaint of December 18, 2013, regarding the conduct of the Austin Police Department."

That same certified-delivery legal letter to me from your DA's Office in Austin also stated, among other things, that "Our inquiry revealed that APD continues to maintain the evidence gathered on December 22, 2011. In addition, they have noted that the Travis County District Attorney's Office has requested the said evidence continue to be maintained. This resolves our inquiry. As we explained to you, the decision as to how to utilize investigative resources in a sexual assault allegation falls within the purview of the Austin Police Department. Therefore, we believe our involvement in this matter is concluded and our office will take no further action.
"Sincerely,
"Rob Drummond
"Assistant District Attorney
"Travis County".

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 am a former full-time employee here in Austin of the "Texas Department of Public Safety" state law-enforcement agency. I am also a former full-time employee here in Austin for the "Texas Board of Pardons and Paroles" and the "Texas Department of Criminal Justice" state agencies, respectively.

I am also the founder and only current approved member of a new and non-Christian and implicitly-deistic "Honor Society" religion --- a religion publicized on local community-access television throughout the greater Austin area around the turn of the century. Several persons in the Austin area have told me they either dislike my religion intensely or do not regard it as comprising an actual or true religion.

That religion of mine is anti-drinking-alcohol and anti-tobacco and anti-marijuana, anti-medical-marijuana, anti-facial-hair-minded, anti-tattoos-minded, opposed to anonymous communications that are inflicted on someone against his wishes, opposed to deliberately fraudulent communications, anti-noise-pollution-minded, anti-thought-control-projects-minded, and anti-stalking, and also adamantly opposed to sexual assaults.

My religion, the "Progressive Prohibitionist Religion", has very stringent membership-eligibility guidelines.

During the time period applicable to this public information request, I myself resided as an official rent-paying tenant or official rent-paying occupant at the following apartment units:

---Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759, the home address for me from late September 2015 until early September 2017.

---Village Oaks Apartments, 10926 Jollyville Road, Building 16, Apartment 1609, Austin, Texas, 78759, the home address for me ever since early September 2017, including at present.

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


Please let me know as soon as possible if you sense that you might have to charge me more than $20 in administrative fees you expect to incur from processing this public-information request from myself.

Sincerely and Best Wishes,

John Kevin McMillan, a former resident of the Boston area of Massachusetts who is myself a certified direct descendant of the Rev. William Brewster---the great Puritan religious leader who served as Head Chaplain on the Mayflower and as an adviser to Plymouth Colony Governor William Bradford in what is now the U.S. Commonwealth or state of Massachusetts.

My current home address: Village Oaks Apts. (a NW Austin apartment complex reportedly owned by a highly-regarded for-profit corporation that's headquartered in Newton, Mass.), 10926 Jollyville Rd., Bldg. 16, Apt. 1609, Austin, Texas, 78759.
Home phone: (512) 342-2295.
My Blog: http://www.johnkevinmcmillan.blogspot.com

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