From: John McMillan
To: District 4 ; District 1 ; district9@austintexas.gov ; Austin Mayor Steve Adler ; District 8 ; Don Zimmerman District 6 Northwest Austin ; Hernandez Sally [TCSO] ; Darla Dixon ; Travis County Judge Sarah Eckhardt ; U.S. Rep. Lloyd Doggett (2015) ; Travis County Commissioner Jeff Travillion (2017) ; Kirk Watson ; Rep. Sheryl Cole (2019 CentralTX) ; Office for Victims of Crime (U.S. DOJ) ; ACLU ; CountyAttorneyDavidEscamilla ; Governor's Office of Texas Open Records Administrator ; Texas Legal ; Texas DPS Office of General Counsel ; Fbinaa Info ; U.S. Department of Homeland Security ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; central_texas@cruz.senate.gov ; Rey Arellano ; Travis County Commissioner Brigid Shea ; patsy.spaw@senate.texas.gov ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Spencer Cronk ; Margaret Moore ; David Maxwell ; Texas Rangers Division of DPS ; Texasadvocacyproject Info ; Justin Holland ; Gerald Daugherty ; Joyfulheartfoundation Info ; Gina Hinojosa ; Austin Board of Realtors-Govt. Relations ; sarah@nshhcoalition.org ; Piper Stege Nelson ; Jeff Pender ; Christian Hawley ; John Hitzelberg ; Williamson County (TX) Attorney (2016) ; Bnaibrith Info ; Patrick B. Howard ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Wind River Crossing GM Ann Coker ; Javier Cansino ; TRA General Counsel Kenneth Besserman ; AARP ; Cedar Park (TX) Police (2016) ; Dwayne Bohac ; StateRep.DonnaHoward ; Ghbc Info ; marcos.johnson@austintexas.gov ; Jackson Anna ; Attorney Cousin Jack Dane ; Garnet F. Coleman ; Jonathan Stickland ; jon.rosenthal@house.texas.gov ; Kyle Biedermann ; carol.alvarado@senate.texas.gov ; Drew Springer ; Austin American-Statesman Managing Editor John Bridges ; Rep. John Bucy 2019CentralTX ; Rep. Erin Zwiener 2019CentralTX ; Austin City Auditor QA Coordinator 2016 ; Rep. James Talarico 2019 Central TX ; Rep. Vikki Goodwin 2019CentralTX ; Jeff Libby ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Rabbinic Call for Human Rights (NYC) ; National Center On Elder Abuse ; Federal Law Enf. Officers Assn ; Sociology Prof. Jim Nolan West Va. University ; Austin City Council Member Ann Kitchen (2016) ; Outback Asst Mgr Nick Burton ; news@cbsaustin.com ; KXAN TV News Investigations ; Editor 2016 Hill Country News ; news@texasmonthly.com ; Texas Tribune Editor In Chief Evan Smith ; Texas Observer Editors ; news@dailytexanonline.com ; Daily Texan Alumni Association (2016) ; Austin Chronicle Editors ; Texas City Attorneys Assoc. Dir. Mims 2016 ; APD Interim Police Chief Brian Manley ; margaret.gomez@traviscountytx.gov ; rosie.truelove@austintexas.gov ; Leticia Solis ; zpatton@governing.com ; Common Cause ; takebackhope@tlsc.org ; El Campo City Attorney Ronald B. Collins ; Quincy MA City Attorney James Timmins 2016 ; Houston Chronicle Letters To the Editor ; Unknown National ; Steven Rich ; HaveYourSay
Sent: Friday, December 6, 2019, 01:25:11 AM CST
Subject: City Attorney's 12-3-19 letter to OAG on my recent PIR re: City Law Dept. and me
(Please note: Final item, below, is my November 15, 2019, e-mail public-information request to the City of Austin Law Department. It is that request from me to which the following City Law Department's December 3, 2019, signed legal letter to the Attorney General of Texas refers. One very lengthy paragraph of the text of that December 3, 2019, two-page official legal letter from the City Law Department has been omitted here, using ellipses, for the sake of conciseness. The text of that letter which appears below is otherwise exactly quoted. --- public information requestor John Kevin McMillan, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753. Home phone: (512) 342-2295.)
_________
City of Austin
Law Department
City Hall, 301 West 2nd Street, P.O. Box 1088
Austin, Texas 78767-8828
(512) 974-2268
Writer’s Direct Line
(512) 974-2195
Writer’s Fax Line
(512) 974-2894
December 3, 2019
VIA FIRST CLASS MAIL
Honorable Ken Paxton
Attorney General
Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548
Re: Public Information Request received November 15, 2019, from John McMillan (PIR# X004560)
Dear Attorney General Paxton,
The City of Austin (the "City") received the above-referenced public information request. The City's offices were closed November 28 and 29 in observance of Thanksgiving. The City has made a good-faith effort to relate the request to information in its custody.
The City believes some of the information at issue is excepted from required public disclosure under section 552.107 of the Government Code. This letter is a request for a determination under section 552.301 of the Government Code that the information at issue is so excepted. A copy of the request and a representative sample of the information are enclosed.
By copy of this letter the City is notifying the requestor that it has asked for a decision from the Office of the Attorney General.
Section 552.107(1) of the Government Code protects information within the attorney-client privilege. When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue....
The information at issue consists of e-mail communications between attorneys in the City’s Law Department and City employees in their capacity as client representatives. These communications were made in order to facilitate the rendition of legal services to the City. These communications were intended to be confidential and have remained confidential. Accordingly, the City may withhold the information under section 552.107(1) of the Government Code.
If you have any questions concerning this matter, you may contact me at (512) 974-2195.
Sincerely,
Zachary Brown
Assistant City Attorney
Enclosure
cc: (without enclosures)
John Kevin McMillan
8805 North Plaza Drive, #2418
Austin, TX 78753
______
From: John McMillan
To: City of Austin Open Records Coordinator ; District 4 ; Travis County Judge Sarah Eckhardt ; Hernandez Sally [TCSO] ; Darla Dixon ; Texas Legal ; Office for Victims of Crime (U.S. DOJ) ; ACLU ; Fbinaa Info ; Texas DPS Office of General Counsel ; U.S. Department of Homeland Security ; Kirk Watson ; Travis County Commissioner Jeff Travillion (2017) ; Rep. Sheryl Cole (2019 CentralTX) ; U.S. Rep. Lloyd Doggett (2015) ; central_texas@cruz.senate.gov ; CountyAttorneyDavidEscamilla ; Governor's Office of Texas Open Records Administrator ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; sarah@nshhcoalition.org ; Patrick B. Howard ; Austin City Auditor QA Coordinator 2016 ; Texas City Attorneys Assn. General Counsel Scott Houston ; Margaret Moore ; Texas Rangers Division of DPS ; paigem@plano.gov ; jeniferr@wacotx.gov ; koommen@cityofirving.org ; Slater.Elza@uwlaw.com ; Texas City Attorneys Assn. Dir. Bojorquez 2016 ; Travis County Commissioner Brigid Shea ; Attorney Cousin Jack Dane ; takebackhope@tlsc.org ; Piper Stege Nelson ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Saintalbert Info ; TRA General Counsel Kenneth Besserman ; rosie.truelove@austintexas.gov ; marcos.johnson@austintexas.gov ; Jackson Anna ; Dwayne Bohac ; Garnet F. Coleman ; Gerald Daugherty ; mott@icma.org ; Human Rights Law Society (U of Chicago) ; Harvard Kennedy School Carr Center for Human Rights Policy ; smccown@law.utexas.edu ; American Bar Association ; Kyle Biedermann ; Gina Hinojosa ; Rep. Erin Zwiener 2019CentralTX ; Rep. Vikki Goodwin 2019CentralTX ; Rep. John Bucy 2019CentralTX ; Rep. James Talarico 2019 Central TX ; State Rep. Eddie Rodriguez (Austin area) ; patsy.spaw@senate.texas.gov ; Austin Board of Realtors-Govt. Relations ; Jeff Pender ; Todd Hunter ; Justin Holland ; Texas Apartment Association ; Javier Cansino ; Wind River Crossing GM Ann Coker ; Rabbinic Call for Human Rights (NYC) ; Bnaibrith Info ; margaret.gomez@traviscountytx.gov ; Texas Municipal League 2016 ; Texas Municipal League General Counsel Bennett Sandlin ; Imla Info ; andre.adams@tdhca.state.tx.us ; Common Cause ; Ghbc Info ; Safeaustin Info ; Federal Law Enf. Officers Assn ; Trevor Glynn ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Austin Tenants' Council 2017 ; El Campo City Attorney Ronald B. Collins ; Rhr Israel Info ; kpagan@mcallen.net ; sharae.reed@beaumonttexas.gov ; julie@texasmunicipallaw.com ; Austin American-Statesman Managing Editor John Bridges ; National Center On Elder Abuse ; Joyfulheartfoundation Info ; Safeplace Info ; National Coalition Against Domestic Violence Denver 2017 ; Miami Herald Letters To Editor ; Matt Bernstein Boston Globe 2016 ; Outback Asst Mgr Nick Burton ; Don Zimmerman District 6 Northwest Austin
Sent: Friday, November 15, 2019, 12:54:35 AM CST
Subject: 11-15-19 PIR to City Attorney's Office re: me
TO: PUBLIC-INFORMATION COORDINATOR, CITY OF AUSTIN PUBLIC INFORMATION OFFICE,
301 WEST SECOND STREET,
AUSTIN, TEXAS, 78701.
OFFICE PHONE: (512) 974-2220.
OFFICE PHONE: (512) 974-2220.
OFFICE FAX: 512-974-2405.
November 15, 2019
Dear City of Austin Public Information Office Open Records Coordinator,
This is a Texas Open Records Act request in which I seek to obtain from the City Government of Austin a copy of any and all written communications, including e-mail communications, that were generated or received or sent or mailed or forwarded or FAXed at any time since 8 a.m. March 13, 2017, on behalf of or by any attorney or administrator or other staff member employed in or by the City of Austin Law Department or City Attorney's Office here in Austin, and that, in each and every such case, referred at least once in any manner to myself, John Kevin McMillan of Austin, Texas.
EXCLUDED FROM THE SCOPE OF THIS PUBLIC-INFORMATION REQUEST ARE ANY AND ALL DOCUMENTS THAT WERE EXCLUSIVELY OR SOLELY WRITTEN BY MYSELF, JOHN KEVIN McMILLAN OF AUSTIN.
My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. I have most recently resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.
I am a gainfully employed single adult white male Austin resident of English, Scottish, and German ancestry. I am also a certified direct descendant of the Rev. William Brewster, the Puritan religious leader who served as head chaplain on the Mayflower and, later, as a leading religious adviser to British Plymouth Colony Governor William Bradford in what is currently territory lying in the U.S. state or Commonwealth of Massachusetts.
I myself do not have any criminal-conviction record. I lead a permanently drinking-alcohol-free, longtime-celibate-by-choice, single-by-choice, lifelong-tobacco-free, permanently marijuana-free, lifelong-illicit-drug-free in regard to any and all illicit drugs other than marijuana, lifelong-tattoo-less, facially-cleanshaven (no beard, no mustache, no goatee, etc.), civil and law-abiding and law-enforcement-minded, clean-talking (no profanity by me in my everyday conversations with other persons), non-gambling, lawfully non-Christian and implicitly-deistic (non-atheistic), religiously independent (I'm the only approved current member of my non-proselytizing "Progressive Prohibitionist Religion", an Honor Society new religion with very stringent membership-eligibility requirements) lifestyle here in Austin.
During the time period applicable to this public-information request, I have resided as a rent-paying official tenant or rent-paying approved occupant at the following respective addresses at apartment complexes:
---Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
---Village Oaks Apartments, 10926 Jollyville Road, Building 16, Apartment 1609, Austin, Texas, 78759.
---Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, Texas, 78753.
I have maintained the same primary e-mail address throughout the entire multi-year period applicable to this public-information request. That e-mail address is: mcmillanj@att.net .
My other current e-mail address, which I am using through my new cell phone service with AT&T, is goody2shoes2019@gmail.com.
My landline home phone number has remained the same throughout the entire time period applicable to this public-information request. That phone number for me is: (512) 342-2295.
My cell phone number, which I have had ever since I obtained my first-ever cell phone through AT&T in August of 2019, is: (512) 993-7305.
Thank you in advance for your very diligent and authoritative and thorough reply letter providing me with any and all responsive legal documents.
Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.
Current home address: 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
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John Kevin McMillan
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