(Legal Letter Number 13:)
JUNE 8, 2020:
Austin Assistant City Attorney Neal Falgoust on June 8, 2020, signs and mails to Texas Attorney General Ken Paxton a written request for official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, legal documents on file with the Austin-Travis County Emergency Medical Services Department that directly refer to me by name.
The cited ID number on my public-information request that was received by the City of Austin on May 22, 2020, is: C069056.
"The City believes the information at issue is excepted from required public disclosure under section 552.101 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 each request and a representative sample of the information at issue are enclosed. ...
"Section 552.101 of the Government Code excepts from public disclosure 'information considered to be confidential by law, either constitutional, statutory, or by judicial decision.'...", Assistant City Attorney Falgoust stated in his signed legal letter to the Attorney General of Texas.
(Legal Letter Number 12:)
DECEMBER 3, 2019:
Austin Assistant City Attorney Zachary Brown on December 3, 2019, signs and mails to Texas Attorney General Ken Paxton a signed two-page request for official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, legal documents on file with the City Attorney's Office for which Mr. Brown maintains in writing that their confidentiality is protected by attorney-client privilege.
In his December 3, 2019, legal letter to Attorney General Paxton, Assistant City Attorney Brown states: "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 (maintains that it) may withhold the information under section 552.107(1) of the Government Code."
The City Attorney's Office's request for a decision from the Attorney General on this was in response to a public-information request of mine to the City Attorney's Office that was received by the City of Austin law department on November 15, 2019 (PIR Number X004560).
(Legal Letter Number 11:)
MAY 20, 2016:
On that date, Assistant City Attorney Elaine Nicholson of the City Attorney's Office in Austin, Texas, signs and sends an official legal letter to Texas Attorney General's Office that seeks official permission from that state agency to withhold from myself, public-information requestor John Kevin McMillan of Austin, cited legal documents on file with the City Attorney's Office at that time that directly refer to myself.
The cited reason for Ms. Nicholson's request: that the cited documents are protected from disclosure because they meet the criteria for "attorney-client privilege."
The cited legal documents contain communications directly referring to myself, Austin resident John Kevin McMillan, that reportedly involve attorneys in the City Attorney's Office and City of Austin employees in their capacities as clients seeking legal advice from those attorneys.
The City's request for an Open Records ruling from the Attorney General on this was prompted by a May 9, 2016-dated e-mail public-information request from myself---a request that was received by the City on May 10, 2016.
(Legal Letter Number 10:)
MARCH 1, 2016:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed three-page March 1, 2016-dated official legal letter to Texas Attorney General Ken Paxton, seeks written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the Law Department and Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter dated Feb. 15, 2016, and officially received by the City of Austin on Feb. 16, 2016.
(Legal Letter Number Nine:)
SEPTEMBER 8, 2015:
Assistant City Attorney Elaine Nicholson, in a signed three-page September 8, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The applicable E-mail public-information request from myself had been officially received by the City of Austin on August 24, 2015, after that written request was E-mailed to the City by myself on August 23, 2015.
(Legal Letter Number Eight:)
JUNE 24, 2015:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed June 24, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on June 10, 2015.
(Legal Letter Number Seven:)
MARCH 31, 2015:
City of Austin Law Department Assistant City Manager Elaine Nicholson, in a signed March 31, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst members of the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on March 17, 2015.
(Legal Letter Number Six:)
DECEMBER 29, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed December 29, 2014-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was a Dec. 13, 2014-dated E-mail letter that was officially received by the City of Austin on December 15, 2014.
(Legal Letter Number Five:)
JULY 9, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed July 9, 2014-dated legal letter to Texas Attorney General Greg Abbott, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on June 24, 2014.
(Legal Letter Number Four:)
APRIL 30, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed April 30, 2014-dated official legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between the City Attorney, the Deputy City Attorney, several Assistant City Attorneys, paralegals and law department administrative personnel with staff in the City Manager's Office, Police Department, Human Resources Department, City Clerk's Office, and Public Information Office (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself, John Kevin McMillan, was an E-mail letter received by the City of Austin on April 16, 2014.
(Legal Letter Number Three:)
AUGUST 27, 2013:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed August 27, 2013-dated legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst Law Department staff, staff of the Austin Police Department, staff in the City Manager's Office and Human Resources Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on August 6, 2013.
(Legal Letter Number Two:)
SEPTEMBER 12, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in a signed Sept. 12, 2012-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the City Clerk's Office, the Austin Police Department, the Police Monitor's Office and the Human Resources department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on August 21, 2012.
(Legal Letter Number One:)
JANUARY 24, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in January 24, 2012-dated signed two-page legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
John Kevin McMillan
--- Please respond above this line ---
“I am seeking a copy of any and all written communications, including e-mail communications, that directly referred at least once in any manner to myself, John Kevin McMillan of Austin, Texas, and that were typed or produced or generated or received or sent or mailed or forwarded or FAXed at any time from 8 a.m. November 15, 2019, through 8 a.m. August 6, 2020, 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, Texas.
EXCLUDED FROM THE SCOPE OF THIS PUBLIC-INFORMATION REQUEST ARE ANY AND ALL DOCUMENTS THAT WERE EXCLUSIVELY OR SOLELY WRITTEN BY MYSELF, OR WERE DIRECTLY E-MAILED TO THE CITY ATTORNEY'S OFFICE 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 non-Hispanic 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.
Throughout the entire time period applicable to this public-information request, I have been and continue to be the only rent-paying official tenant and only apartment-management-team-approved occupant residing inside the second-floor, eastside, efficiency-apartment-unit Apartment 2418 of Building 17 at Pebble Creek Apartments, 8805 North Plaza Drive, in northeast Austin.
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 e-mail address, which I have occasionally used 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.
Blog: http://www.johnkevinmcmillan.blogspot.co
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