THE OPEN RECORDS RULING FROM THE ATTORNEY GENERAL OF TEXAS THAT I RECEIVED IN MY MAILBOX THIS MONDAY, OCTOBER 20, 2020:

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From: John McMillan <mcmillanj@att.net>

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Sent: Tuesday, October 20, 2020, 02:21:33 AM CDT

Subject: TX Atty General's 10-16-20 ruling on 14th request by City since 1-24-12 for permission to withhold docs from me

From: 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, Building 17, Apartment 2418, Austin, TX 78753. Home phone: (512) 342-2295. Cell phone: (512) 993-7305. My Blog: http://www.johnkevinmcmillan.blogspot.com

October 20, 2020

The Attorney General of Texas state agency (OAG) on October 16, 2020, responded in writing to the 14th request by the City Government of Austin from the most recent approximately nine-year period for an OAG Open Records ruling on whether the City can legally withhold from me documents that I had requested in writing from the City.

I received a courtesy carbon-copy of the Texas Attorney General's official ruling in the form of a three-page official signed OAG letter on official OAG stationery --- addressed to me by my full legal name of "John Kevin McMillan" on the front of a metered envelope from the Attorney General's Office in Austin --- that I received for the first time this Monday, October 19, from U.S. Postal Service mail delivery on Monday at my apartment-complex-provided mailbox for my current apartment unit, Apartment 2418 at Pebble Creek Apartments, 8805 North Plaza Drive in Austin. My full current home address had been typed by OAG on the front of the envelope and below my full legal name, as the only cited recipient of that carbon-copy.

The October 16, 2020, ruling by the Attorney General's Office related to my August 6, 2020, public-information request that had sought "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...."

The City of Austin had assigned that public-information request of mine the identification number of C075621-080620. The Attorney General then assigned the City of Austin's request for an Open Records ruling in regard to my request the OAG identification number of 850793. The Attorney General's October 16 ruling letter bore the official identification number of OR2020-26122.

The October 16, 2020, three-page signed official-ruling reply letter to Austin 
Assistant City Attorney Zachary Brown from Texas Assistant Attorney General Claire V. Morris Sloan of the OAG Open Records Division stated: 

"The City of Austin (the 'city') received a request for all communications concerning the requestor (John Kevin McMillan of northeast Austin) during a specified time period, with the exception of any documents written by or sent to the city by the requestor. The city claims the submitted information is excepted from disclosure under section 552.107 of the Government Code. We have considered the exception the city claims and reviewed the submitted representative sample of information.(1(footnote). (1) (footnote) We assume the 'representative sample' of records submitted to this office (by the City of Austin Law Department) is truly representative of the requested records as a whole. See Open Records Division Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent those records contain substantially different types of information than that submitted to this office...."

"Section 552.107(1) of the Government Code protects information coming within the attorney-client privilege....

"The city states the submitted information consists of communications involving attorneys for the city and city employees and officials in their capacities as clients. The city states these communications were made in furtherance of the rendition of professional legal services to the city. The city states these communications were intended to be, and have remained, confidential. Based on these representations and our review, we find the city has demonstrated the applicability of the attorney-client privilege to the information at issue. Accordingly, the city may withhold (from public-information requestor John Kevin McMillan of northeast Austin) the submitted information under section 552.107(1) of the Government Code...."

In the City of Austin's August 19, 2020, signed two-page legal letter to Texas Attorney General Ken Paxton that elicited that October 16-dated ruling from the OAG, Austin Assistant City Attorney Zachary Brown had asserted "attorney-client privilege" in stating that  the City sought official permission from Mr. Paxton to withhold  from me cited "e-mail communications" that were responsive to my own August 6, 2020, request. 

Those e-mail communications were "between attorneys in the City's Law Department and City of Austin employees in their capacity as client representatives", Mr. Brown's August 19, 2020, legal letter to Attorney General Paxton had stated.

Below is a summary of 13 other cited legal letters --- each directly referring to me from the multi-year period ever since January of 2012 --- that the City Government of Austin has submitted to the Attorney General of Texas:

(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)."

The cited public-information request from myself was an E-mail letter received by the City of Austin on January 10, 2012.

John Kevin McMillan