Office of General Counsel,
The University of Texas System,
210 W. 7th Street,
Austin, TX 78701
|
Dear John McMillan,
This correspondence relates to your below request for information, received by The University of Texas System Administration (“UT System”) on September 21, 2020. In your request you state you seek the following:
a copy of any and all written communications, including any and all e-mail communications and reports, referring at least once in any manner to myself, John Kevin McMillan of Austin, that at any time from 12:01 a.m. April 28, 2011, to the present, were written, produced, sent, e-mailed, forwarded, mailed, or received by a certified peace officer, regardless of his or her rank or title or administrative position, who either was at that time or currently is pursuing job duties in Travis County, Texas, for the UT System Police Department.
We require additional guidance in order to process your request.
Initially, please note that in response to earlier requests, UT System has provided you with certain information pertaining to yourself (see attached emails), and sought opinions from the Attorney General regarding information we believed was excepted from disclosure. In the attached opinions, the Attorney General agreed the information at issue was excepted from disclosure. The law, facts, and circumstances on which those prior rulings were based have not changed. Accordingly, UT System will continue to rely on those rulings and withhold any information responsive to the instant request on that basis.
We understand that you are seeking email communications and reports, referencing yourself that were created, received, or sent by a certified peace officer working for University police. However, UT System does not have its own police department in the traditional sense of the term. Rather, UT System’s Office of the Director of Police (“ODOP”) oversees the departments at the UT System institutions, including The University of Texas at Austin (“UT Austin”). The reports and emails of officers at the UT System institutions police departments is separately maintained by the institution police departments and must be requested directly from those institutions.
To the extent you seek information maintained by UT Austin’s police department, you can submit requests to UT Austin via e-mail at publicinformationrequest@austin.utexas.edu or via UT Austin’s online portal available at Support Home Page. The webpage containing the online portal also contains information regarding UT Austin’s open records process and a mailing address.
To the extent your seek information maintained by UT System’s ODOP, other than the information previously released to you or excepted from disclosure under the prior Attorney General opinions, please confirm that is the information you seek. Additionally, if you seek information maintained by ODOP, do you agree to exclude any emails correspondence directly to or from yourself, such that you would already maintain the information in your personal email account?
Your response will help clarify your request so that we may promptly identify and not exclude any of the information you seek.
Please note that if you do not respond to this request for clarification in writing within 61 days from the date of this letter, your request will be considered withdrawn. See Tex. Gov’t Code § 552.222(d)-(e).
Without additional clarification from you, we are unable to process your request further. Upon receipt of your written clarification, we will review any responsive documents for release in light of any applicable exceptions under the Texas Public Information Act. We will respond to your clarification within a timely manner as required by law. See City of Dallas v. Abbott, 304 S.W.3d 380 (Tex. 2010).
Please send your clarification in writing via email to ctynan@utsystem.edu or to the address in my below signature line. In addition, you can reach me to discuss any questions via telephone at 512-499-4505.
If you have any questions or concerns regarding this correspondence, please do not hesitate to contact me.
Regards,
Cynthia Tynan
Assistant General Counsel & Public Information Coordinator
Office of General Counsel
The University of Texas System
210 W. 7th Street
Austin, TX 78701
Direct 512.499.4505 | E-mail ctynan@utsystem.edu
___________
Mr. Daniel H. Sharphorn,
Vice Chancellor and General Counsel,
The University of Texas System (UT System),
210 West 7th Street,
Austin, Texas 78701-2903
September 21, 2020
Dear Vice Chancellor Sharphorn,
This is a Texas Open Records request in which I seek to obtain from you a copy of any and all written communications, including any and all e-mail communications and reports, referring at least once in any manner to myself, John Kevin McMillan of Austin, that at any time from 12:01 a.m. April 28, 2011, to the present, were written, produced, sent, e-mailed, forwarded, mailed, or received by a certified peace officer, regardless of his or her rank or title or administrative position, who either was at that time or currently is pursuing job duties in Travis County, Texas, for the UT System Police Department.
My legal name is John Kevin McMillan. I was born in Lincoln, Nebraska, on April 27, 1957.
I was Salutatorian of the Class of 1975 at Stephen F. Austin High School of Austin Independent School District. I have a Master's Degree in Journalism and Mass Communications from the University of Minnesota in Minneapolis, and I have a Bachelor of Arts Degree from the University of Texas at Austin.
I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.
I have kept the same personal e-mail address of "mcmillanj@att.net" throughout the entire nine-year period applicable to this public-information request. I have also used the same personal phone number of (512) 342-2295 throughout the entire nine-year period for this request.
I reside alone as a rent-paying official tenant inside a solo-occupancy always-fully-bolt-locked and always-fully-locked efficiency rental-apartment unit at a large gated-community apartment complex, Pebble Creek Apartments at 8805 North Plaza Drive in north Austin.
When Austin Independent School District (AISD) classes are being held, my current apartment complex in Austin is serviced on schoolday mornings by AISD buses and AISD bus drivers.
During the nine-year period applicable to this public-information request, I have resided as a rent-paying official tenant or, for a brief multi-month period in 2016, a rent-paying approved occupant, at the following locations, listed chronologically from oldest address to most recent address:
---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, TX 78759.
---Crossland Economy Studios, 12621 Hymeadow Road, 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.
---Austin Motor Inn, 11400 North Interstate Highway 35, a first-floor room, Austin, TX 78753.
---Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
I am the founder and only approved current member of a new and non-Christian non-proselytizing "Honor Society" religion, the anti-marijuana, anti-medical-marijuana, anti-illicit-drugs, anti-tobacco, anti-drinking-alcohol, anti-tattoos, anti-profanity-minded, anti-facial-hair-minded "Progressive Prohibitionist Religion", or "PPR", that has very stringent membership-eligibility requirements.
That one total religion of mine opposes home-invasion crimes, opposes personal-injury-crimes, opposes sexual assault crimes, opposes the sex crime of pederasty, opposes the infliction of profanity or obscene speech on anyone in a context that violates their own privacy rights, opposes anonymous communications that violate the privacy of the person being subjected to those communications, opposes fraudulent or knowingly dishonest communications, opposes thought-control projects, opposes so-called "deprogramming" projects, opposes kidnappings, opposes hostage-takings, opposes compelled speech that violates the privacy rights of the individual being subjected to that compelled speech against his wishes, and opposes deliberate infliction of continuous noise pollution on anyone in a context that harms their own medical health or that is aimed at punishing them for having political or religious or personal beliefs---or personal prejudices, even---that are disliked or opposed by the perpetrators of that noise pollution.
Numerous Austin-area residents have stated to me over a multi-year period that they either dislike or intensely dislike or question the authenticity of my own fully-independent "Progressive Prohibitionist Religion"---an implicitly-deistic, non-atheistic factually-minded religion on behalf of which around the turn of the century I gave several televised speeches on local Community Access Television in Austin.
One anonymous male younger person around the turn of the century left a recorded phone message on my telephone answering machine inside my ViewPoint Apartments rental-apartment unit near UT-Austin, in which he stated that he himself was "Catholic"; and he used profanity and a violent, obscene phrase in criticizing my PPR religion.
One former resident of the Austin area, Dr. Michael Kim McMillan, around the turn of the century stated to me with indignation and intense revulsion on his face in an in-person conversation I had with him outdoors near the UT-Austin campus during a visit of his to Austin, Texas, from out of state: "The 'Heaven on Earth' religion you've (John Kevin McMillan of Austin) established has inflicted Hell on our entire planet!"
I hope to hear from you soon in response to this public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan, public-information requestor.
My solo-occupancy efficiency-apartment-unit rental-home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Bldg. 17 (a multi-unit apartment building situated in the northeastern corner of this large and gated-community complex that reportedly receives private security-patrol services on a 24-hour-a-day and year-round basis from Statewide Patrol, Inc.), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
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