Tuesday, December 17, 2019

TEXAS LEGISLATURE DISTRICT 46 REPRESENTATIVE SHERYL COLE RECEIVES AN URGENT FOLLOW-UP QUESTION FROM THIS PARTICULAR SINGLE ADULT ANGLO MALE CONSTITUENT OF HERS


From: John McMillan
To: Sheryl Cole ; Kirk Watson ; Darla Dixon ; District 4 ; Hernandez Sally [TCSO] ; Travis County Commissioner Jeff Travillion (2017) ; Travis County Judge Sarah Eckhardt ; Office for Victims of Crime (U.S. DOJ) ; Margaret Moore ; david.escamilla@traviscountytx.gov ; City of Austin City Attorney Anne Morgan ; Austin Mayor Steve Adler ; Texas Legal ; ACLU ; U.S. Rep. Lloyd Doggett (2015) ; Fbinaa Info ; U.S. Department of Homeland Security ; Governor's Office of Texas Open Records Administrator ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Rey Arellano ; central_texas@cruz.senate.gov ; Spencer Cronk ; patsy.spaw@senate.texas.gov ; Texas Rangers Division of DPS ; Texasadvocacyproject Info ; Travis County Commissioner Brigid Shea ; David Maxwell ; Justin Holland ; Joyfulheartfoundation Info ; Gerald Daugherty ; Gina Hinojosa ; Texas DPS Office of General Counsel ; Austin Board of Realtors-Govt. Relations ; Piper Stege Nelson ; sarah@nshhcoalition.org ; Jeff Pender ; John Hitzelberg ; Jackson Anna ; marcos.johnson@austintexas.gov ; Ghbc Info ; office@stmattsaustin.org ; admin@anglicanchurch.net ; HaveYourSay ; CNN.Viewer.Communications.Management ; Austin American-Statesman Managing Editor John Bridges ; Austin Chronicle Editors ; Editor 2016 Hill Country News ; KXAN TV News Investigations ; news@cbsaustin.com ; CBS News '60 Minutes' Editors and Reporters <60m cbsnews.com="">; National Center On Elder Abuse ; Rabbinic Call for Human Rights (NYC) ; Bnaibrith Info ; Brandeis University ; Harvard Kennedy School Carr Center for Human Rights Policy ; Harvard Law School Human Rights Program (2016) ; Harvard Club of Austin 2017 ; zpatton@governing.com ; edaigneau@governing.com ; El Campo City Attorney Ronald B. Collins ; Texas City Attorneys Assoc. Dir. Mims 2016 ; Patrick B. Howard ; StateRep.DonnaHoward ; TRA General Counsel Kenneth Besserman ; Yessenia (Denny's Lakeline) ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Sao State Tx Webmaster ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; andre.adams@tdhca.state.tx.us ; Rainn Info ; Dwayne Bohac ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Cedar Park (TX) Police (2016) ; Wind River Crossing GM Ann Coker ; Williamson County (TX) Attorney (2016) ; AARP ; Rep. Erin Zwiener 2019CentralTX ; Garnet F. Coleman ; Austin City Council Member Ann Kitchen (2016) ; Federal Law Enf. Officers Assn ; Rep. John Bucy 2019CentralTX ; Texas Apartment Association ; manager@pebblecreekapartments.net ; leasing@pebblecreekapartments.net ; APD Interim Police Chief Brian Manley ; sandra.benningfield@austintexas.gov
Sent: Tuesday, December 17, 2019, 12:03:42 PM CST
Subject: Re: 12-12-19 PIR to Rep. Cole re: me

Dear State Representative Cole,
Thank you for the clarification (below) you have kindly sent to me on this.

One follow-up question not directly relating to my Open Records request I sent you: As my duly-elected District 46 representative in the Texas Legislature's House of Representatives, do you support safe sleeping conditions for me on a daily and year-round basis as I lie alone on my own bed inside my current solo-occupancy bolt-locked apartment unit located in your legislative district?

I am posing this question to you partly because when I have contacted City Government of Austin officials on numerous occasions in prior recent months and posed this type of public-policy question to a staff member of theirs, those City officials or their staff members have chosen not to offer me ANY written response or any clear and unambiguous oral reply on the telephone to that very basic human rights-related question from myself.

Thank you in advance, Rep. Cole, for your very helpful reply note to me on this.
Sincerely and Best Wishes,
John Kevin McMillan, a gainfully-employed, permanently drinking-alcohol-free (ever since 1990), lifelong-tobacco-free and anti-tobacco-minded, permanently marijuana-free (ever since 1984) and anti-marijuana-minded, lifelong-illicit-drug-free in regard to any and all illicit drugs other than marijuana, lifelong-tattoo-less, permanently-jewelry-less, consistently facially-cleanshaven (no beard or mustache or goatee on me), platonicly polite and longtime-celibate-by-choice, non-sadomasochistic and non-stalking and non-Satanic, dependably civil and law-abiding and vigilant and very honest, consistently clean-talking (no profanity by me in my everyday conversations with others), implicitly-deistic and lawfully non-Christian, single adult Anglo male current constituent of yours. I might add that I am also a certified direct descendant of the Rev. William Brewster, who served as head chaplain on the Mayflower, and, later, as a leading adviser to Plymouth Colony Governor William Bradford in what was then a British Colony and is today territory in the U.S. state or Commonwealth of Massachusetts.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
Address ever since June 21, 2019: Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.

John Kevin McMillan


On Tuesday, December 17, 2019, 08:51:06 AM CST, Sheryl Cole wrote:


Myself or my office does not and has never at any time since January 8, 2019 have any documents responsive to your request. Again, myself and the office does not have any documents responsive to your request. Thank you.

Rep. Cole

From: John McMillan  
Sent: Tuesday, December 17, 2019 1:11 AM
To: Sheryl Cole ; Tamara Smith ; Austin American-Statesman Managing Editor John Bridges ; Austin Chronicle Editors ; Texas Monthly Editors 2017 ; Texas Observer Editors ; public.information@texasattorneygeneral.gov; District 4 ; Jon Heining ; Patsy Spaw ; Governor's Office of Texas Open Records Administrator ; Austin Republican Women 2016 ; Travis County Commissioner Jeff Travillion (2017) ; The Republican National Committee ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; takebackhope@tlsc.org; ACLU ; Texas Legal ; Bnaibrith Info ; swjc@swjc.org; Hernandez Sally [TCSO] ; Office for Victims of Crime (U.S. DOJ) ; Texas Rangers Division of DPS ; Fbinaa Info ; U.S. Department of Homeland Security ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Jackson Anna ; marcos.johnson@austintexas.gov; Travis County Judge Sarah Eckhardt ; Kirk Watson ; Texas DPS Office of General Counsel ; CountyAttorneyDavidEscamilla ; Austin Mayor Steve Adler ; Travis County Commissioner Brigid Shea ; CBS News '60 Minutes' Editors and Reporters <60m cbsnews.com="">; Darla Dixon ; zpatton@governing.com; Travis County Republican Party (2016) ; KEYE CBS News Austin 2017 ; Wind River Crossing GM Ann Coker ; John Hitzelberg ; John Whitmire ; Joan Huffman ; Todd Hunter ; Garnet F Coleman ; Carol Alvarado ; smccown@law.utexas.edu; Federal Law Enf. Officers Assn ; City of Austin Interim City Attorney Anne Morgan ; David Maxwell ; DMN Austin Bureau Reporter Robert Garrett ; Houston Chronicle Letters To the Editor ; Letters To the Editor ; Fort Worth Star-Telegram Newstips ; Editor 2016 Hill Country News ; U.S. Rep. Lloyd Doggett (2015) ; Erin Zwiener ; John Bucy ; James Talarico ; Vikki Goodwin ; Margaret Moore ; Justin Holland ; Center for Investigative Reporting
; Brandon Creighton ; Joyfulheartfoundation Info ; Rainn Info ; sarah@nshhcoalition.org; Spencer Cronk ; Rey Arellano ; Leticia Solis ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Piper Stege Nelson ; Safeaustin Info ; Gerald Daugherty ; Gina Hinojosa ; Ghbc Info ; Texasadvocacyproject Info
Subject: Re: 12-12-19 PIR to Rep. Cole re: me

Thank you for your Dec. 16 reply note (below), Rep. Cole, in response to my December 12, 2019, Open Records request (last item, below).

I would appreciate it if you would please provide me with an official reply note in the correct official style for that type of communication as required by the Texas Open Records Act. 

My understanding is that according to the Open Records Act, an official reply to an Open Records request in Texas is required to contain either the phrase  "has documents responsive to your request" or "does not have any documents responsive to your request."

I also would appreciate a clarification from you on whether your statement to me today (below) possibly signifies that your office may have possibly turned over to another government agency some of the files referring to me that were in your possession at the time you received my public-information request.

I am raising this latter point because of the highly unusual or out-of-the-ordinary phrasing of your Dec. 16 reply letter to me.

Thank you in advance for your helpful reply note to me on this.
Sincerely and Best Wishes,
John Kevin McMillan, a gainfully-employed, permanently-drinking-alcohol-free, law-enforcement-minded and honest, single adult Anglo male constituent of yours.
8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295



John Kevin McMillan


On Monday, December 16, 2019, 11:27:56 AM CST, Sheryl Cole <sheryl.cole@house.texas.gov> wrote:


Our office is in possession of none of the requested materials. Thank you.

Rep. Cole


From: John McMillan <mcmillanj@att.net> 
Sent: Thursday, December 12, 2019 9:02 PM
To: Sheryl Cole <Sheryl.Cole@house.texas.gov>; Texas Rangers Division of DPS <rangers@dps.texas.gov>; APD Interim Police Chief Brian Manley <brian.manley@austintexas.gov>; Hernandez Sally [TCSO] <sally.hernandez@traviscountytx.gov>; Travis County Judge Sarah Eckhardt <sarah.eckhardt@traviscountytx.gov>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; ACLU <info@aclutx.org>; Texas Legal <members@texaslegal.org>; Fbinaa Info <info@fbinaa.org>; Kirk Watson <Kirk.Watson@senate.texas.gov>; Travis County Commissioner Jeff Travillion (2017) <jeff.travillion@traviscountytx.gov>; U.S. Rep. Lloyd Doggett (2015) <lloyd.doggett@mail.house.gov>; Texas DPS Office of General Counsel <ogc.webmaster@dps.texas.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Governor's Office of Texas Open Records Administrator <publicrecords@governor.state.tx.us>; CountyAttorneyDavidEscamilla <david.escamilla@traviscountytx.gov>; Texas Association Against Sexual Assault Atty Kaiser 2016 <ckaiser@taasa.org>; District 4 <district4@austintexas.gov>; central_texas@cruz.senate.gov; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; Rey Arellano <rey.arellano@austintexas.gov>; Spencer Cronk <spencer.cronk@austintexas.gov>; Travis County Commissioner Brigid Shea <brigid.shea@traviscountytx.gov>; Patsy Spaw <Patsy.Spaw@senate.texas.gov>; Margaret Moore <margaret.moore@traviscountytx.gov>; Texasadvocacyproject Info <info@texasadvocacyproject.org>; Patrick B. Howard <patrick.b.howard@traviscountytx.gov>; City of Austin Interim City Attorney Anne Morgan <anne.morgan@austintexas.gov>; David Maxwell <david.maxwell@texasattorneygeneral.gov>; Erin Zwiener <Erin.Zwiener@house.texas.gov>; John Bucy <John.Bucy@house.texas.gov>; James Talarico <James.Talarico@house.texas.gov>; Vikki Goodwin <Vikki.Goodwin@house.texas.gov>; Dwayne Bohac <Dwayne.Bohac@house.texas.gov>; Garnet F Coleman <Garnet.Coleman@house.texas.gov>; Carol Alvarado <carol.alvarado@senate.texas.gov>; Justin Holland <Justin.Holland@house.texas.gov>; Joyfulheartfoundation Info <info@joyfulheartfoundation.org>; Austin Board of Realtors-Govt. Relations <government@abor.com>; Gerald Daugherty <gerald.daugherty@traviscountytx.gov>; Gina Hinojosa <Gina.Hinojosa@house.texas.gov>; marcos.johnson@austintexas.gov; Jackson Anna <anna.jackson@austintexas.gov>; Austin American-Statesman Managing Editor John Bridges <jbridges@statesman.com>; Austin Chronicle Editors <mail@austinchronicle.com>; Ghbc Info <info@ghbc.org>; andre.adams@tdhca.state.tx.us; Jeff Pender <jeff.pender@tdhca.state.tx.us>; Jeff Libby <jeff.libby@austintexas.gov>; rosie.truelove@austintexas.gov; Leticia Solis <leticia.solis@austintexas.gov>; Austin Republican Women 2016 <president@austinrepublicanwomen.org>; State Comptroller Criminal Investigations Division Chief Martin Cano <cid@cpa.state.tx.us>; Piper Stege Nelson <pstegenelson@safeaustin.org>; takebackhope@tlsc.org; Federal Law Enf. Officers Assn <fleoa@fleoa.org>; sarah@nshhcoalition.org; CBS News '60 Minutes' Editors and Reporters <60m@cbsnews.com>; Cedar Park (TX) Police (2016) <police2@cedarparktexas.gov>; Sao State Tx Webmaster <webmaster@sao.state.tx.us>; U.S. Dept. of Housing and Urban Devlpt (TX regional office) <tx_webmanager@hud.gov>; Texas Observer Editors <editors@texasobserver.org>; Houston Chronicle Letters To the Editor <viewpoints@chron.com>; Texas Tribune Editor In Chief Evan Smith <esmith@texastribune.org>; Todd Hunter <Todd.Hunter@house.texas.gov>; district9@austintexas.gov; District 8 <district8@austintexas.gov>; District 1 <district1@austintexas.gov>; Austin City Council Member Ann Kitchen (2016) <district5@austintexas.gov>; Don Zimmerman District 6 Northwest Austin <district6@austintexas.gov>; CNN.Viewer.Communications.Management <cnn.viewer.communications.management@cnn.com>; Miami Herald Letters To Editor <heralded@miamiherald.com>; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) <ncvli@lclark.edu>; National Center On Elder Abuse <ncea@med.usc.edu>
Subject: 12-12-19 PIR to Rep. Cole re: me

To: State Rep. Sheryl Cole, 
District 46, 
Texas House of Representatives,
Capitol Address:
Room E1.218
P.O. Box 2910
Austin, TX 78768
Office phone: (512) 463-0506
FAX: (512) 463-7864 

December 12, 2019

Dear State Representative Sheryl Cole,

This is a Texas Open Records request in which I am seeking from you a copy of any and all written communications, including e-mails or letters or reports or memoranda, that at any time since January 8, 2019, were received or typed or written or produced or sent or mailed or forwarded or e-mailed or FAxed by yourself, State Rep. Cole, or by any staff member of yours in your State Capitol office or any district office of yours, and that, in each 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 e-mail communications that were sent or forwarded by me to yourself, State Rep. Cole, or to a legislative staff member of yours, and any e-mail communications that were written exclusively by myself. 

My legal name is John Kevin McMillan. My date of birth is April 27, 1957. I am a native of
Lincoln, Nebraska. 

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

I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997. I have resided in Austin District 4 as a rent-paying official tenant inside a bolt-locked solo-occupancy efficiency-apartment unit in north Austin ever since June 21, 2019. 

You yourself served on the Austin City Council as a voting member from 2006 until 2015, including in your tenure as Mayor Pro Tem from 2011 to 2015. You were also a candidate for Mayor of Austin in 2014, though you were not elected to the Mayor's position.

In your prior tenure with the Austin City Council and in your current tenure as my current state representative, you have been repeatedly informed by me in writing on numerous occasions about my being a gainfully-employed, law-abiding, single Anglo adult male self-identified victim of alleged continuous-and-continuing personal-injury-crimes, including alleged sexual-assault crimes, allegedly being inflicted on me on a daily and year-round basis against my wishes during my sleeping hours as I lay alone or lie alone, asleep and unconscious and probably also snoring, on my own bed inside my bolt-locked rental-housing unit in Austin, Texas.
During your tenure as Mayor Pro Tem for the City Government of Austin, a high-ranking staff member of yours at City Hall, Phyllis (see below), advised me on your behalf on August 9, 2012, to myself directly submit a written appeal to Austin Police Department Assistant Police Chief Sean Mannix about the Austin Police Department's alleged failure at that time to adequately investigate my crime reports to APD about my being a victim of personal-injury crimes in Austin.

The opening paragraphs of that lengthy e-mail letter of appeal I submitted by e-mail on August 9, 2012, to Assistant Chief Mannix, a letter I carbon-copied to yourself at your City Hall e-mail address, stated as follows:
"John McMillan <mcmillanj@att.net>
"To:Sean.Mannix@austintexas.gov,sheryl.cole@austintexas.gov,publicrecords@oag.state.tx.us,

"Aug 9, 2012 at 3:01 PM

"To: Austin Assistant Chief of Police Sean Mannix, Austin Police Department, Austin, Texas.

"Dear Assistant Chief Mannix,
 
"I was advised on the telephone today by Phyllis of the City Hall office of Mayor Pro Tem Sheryl Cole that I need to directly address my appeal to you through a letter of my own sent directly to yourself.
 
"Assistant Chief Mannix, I hereby appeal the 'no further investigation' policy cited to me by Commander Julie O'Brien (see below) in her July 30, 2012, reply E-mail letter to me. Her reply letter was in response to my repeated civilly-worded criminal-law reports to APD ever since April 28, 2011, that one or more alleged illegal intruders inside my bolt-locked apartment unit allegedly have subjected me to daily and year-round physical abuse and personal injury during my sleep,  while also waking me up repeatedly in the middle of my sleep without my having been able to directly and clearly identify the intruder on any occasion thus far...."
______
I would also like to politely remind you, Rep. Cole, that the numerous e-mail letters I  wrote and sent you during your prior tenure with the Austin City Council included the following:
"JohnMcMillan <mcmillanj@att.net>
"To:laura.morrison@austintexas.gov,lee.leffingwell@austintexas.gov,
"Aug 4, 2012 at 10:59 PM
"Dear Austin City Council Members Morrison and Cole,
"I apologize to you for my oversight in neglecting to also cite each of you as being among the  honorable and polite City of Austin elective  officials to whom the following letter (see below) of mine should have been addressed. 

"Thank you in advance for your very kind interest in helping me to offer a politely persuasive appeal to Austin Police Department Assistant Police Chief Sean Mannix as soon as possible on behalf of my request for additional criminal-law investigation by APD, including through use of hidden electronic surveillance cameras or infrared cameras on a temporary basis, of the criminal-law allegations from myself about one or more alleged illegal intruders inside my bolt-locked apartment unit allegedly subjecting me to personal injury during my sleep on a daily and frequent and year-round basis. 

"I hereby allege that that ongoing alleged felony crime allegedly subjecting me to personal injury and alleged molestation and to significant sleep deprivation as well, is allegedly occurring every day or night or morning in a context in which I myself am always sleeping alone or napping alone and probably snoring as well, as I lie alone on my orthopedic Swedish bed inside a top-floor, vaulted-ceiling one-bedroom apartment I rent (Apt. 325 at Wind River Crossing Apartments) in which I am the only approved tenant and the only approved occupant. 

"I hope to hear from either of you City of Austin elective officials soon about this very alarming major legal-liability issue currently facing the City Government of Austin and the Austin City Council. 

"Sincerely and Best Wishes from a law-abiding, gainfully employed, honest, teetotaling, clean-talking, single adult male constituent of yours in northwest Austin,
"John Kevin McMillan.
"My mailing address: 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
"Home phone: (512) 342-2295.
________________________________  
Rep. Cole, in order to assist you in your response to this public-information request, I would like to also mention that my respective home addresses during the approximately one-year period applicable to this public-information request, listed in descending chronological order from earliest to most recent, have been: 

---Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759; 
---Austin Motor Inn, 11400 North Interstate Highway 35, Room 114, Austin, TX 78753; 
and, ever since June 21, 2019, Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753. 

I have paid for and maintained the same landline home phone number of (512) 342-2295 throughout the entire approximately one-year period applicable to this public-information request.

 Ever since August of 2019, I have also paid for and maintained cell-phone service, with my new cell phone number through AT&T being: (512) 993-7305. 

I have maintained the same e-mail address of "mcmillanj@att.net" throughout the entire approximately one-year period applicable to this public-information request. My other current e-mail address, which I am using through my AT&T cell phone service, is: goody2shoes2019@gmail.com.

Thank you in advance, State Rep. Cole, for your prompt and authoritative and very thorough reply letter providing me with any and all responsive legal documents.

Sincerely and Best Wishes,
John Kevin McMillan.
Home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
My primary e-mail address: mcmillanj@att.net
Posted by John Kevin McMillan at 12:06 PM

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