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From: John McMillan <mcmillanj@att.net>
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Sent: Tuesday, November 10, 2020, 01:19:14 PM CST
Subject: Re: [Austin Public Records Center] :: R047158-102120
November 10, 2020
Dear Open Records Unit Officials of the Austin Police Department in this state-capital city for Texas,
Thank you for your written response to me on this. I have briefly glanced through the February 5, 2001, official ruling your e-mail note to me today provided me. That seven-page official 2001 ruling was signed by then-Attorney General John Cornyn, with a cited carbon-copy on that to First Assistant Attorney General Andy Taylor, Deputy Attorney General and General Counsel Clark Kent Ervin, Chief of the Open Records Division Katherine Minter Cary, and Open Records Division Deputy Chief Gregory T. Simpson.
That particular 2001 ruling from Attorney General Cornyn you provided me today was in response to an Open Records-related legal letter of appeal from Assistant City Attorney G. Chadwick Weaver of the City Government of Midland in west Texas.
I maintain that the cited legal issues in the public-information request many years ago which triggered that 2001 ruling were not identical to my own.
I also maintain that my October 21, 2020, online public-information request (exactly quoted text of which is two paragraphs below) to the Austin (TX) Police Department meets the criteria for distinctness and uniqueness that justify a request for a ruling from the current Attorney General of Texas, Mr. Ken Paxton. The case presented by my request for information from APD is, in fact, novel, it seems to me.
My October 21, 2020, online public-information request to APD (immediately below) did not ask for the home phone number, cell phone number, personal pager number, information specifically about whether anyone is or was residing with a cited APD peace officer in his or her apartment unit, birthplace, date of birth, or social security number of any of the cited APD officers who resided at or currently reside at Pebble Creek Apartments during any portion of the time period in which I myself have been and continue to be an official tenant living alone here at this gated-community apartment complex.
My October 21, 2020-dated online public-information request to the Austin Police Department had stated:
“I am seeking a copy of no more than five total pages per APD officer of records or documents from the Austin Police Department Human Resources office that state the full legal name, most recent job title, and current or most recent job duties of any and all certified peace officers employed full-time or part-time or on a temporary basis by APD at any time from June 21, 2019, through the present, who in each and every such case also resided at, or currently also reside at, the Pebble Creek Apartments gated-community apartment complex, 8805 North Plaza Drive, zip code 78753, in northeast Austin.”
I also would like to respectfully call your attention to the fact that my public-information request did not ask for the number of the rental-apartment unit in which any of the Austin Police Department officers resided or reside (if applicable) during the period since June 21, 2019, at the gated-community Pebble Creek Apartments, 8805 North Plaza Drive, in northeast Austin. The privacy of any APD officers who have resided at this same complex as myself or who currently reside at the same apartment complex as myself during the applicable multi-year time period is fully protected in that way.
I would also like to call your attention to the very pertinent fact that the Open Records case on which then-Attorney General Cornyn had issued a ruling in 2001 apparently did not relate to a former peace officer who maintained that he had been victimized by alleged home-invasion-crimes or alleged personal-injury-crimes or any alleged personal injury to himself inside his apartment unit. That is yet another way in which the issues in my own case are very distinct from the issues cited by the former peace officer who apparently had resided in or near Midland, Texas.
Finally, I was led to believe by a previous statement from you that if I insisted on obtaining any applicable information responsive to my request that you have on file, you will submit a formal request to the Attorney General of Texas in which you seek a formal ruling on whether you can legally withhold from me specified documents responsive to this particular October 21, 2020, particular public-information request to APD.
Please provide me at your earliest convenience with a copy of your November of 2020-dated official letter to Attorney General Paxton that officially requests a formal ruling of that type.
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 (a gated-community Belco Equities-affiliated complex), 8805 North Plaza Drive, Building 17 (at northeastern corner of this apartment complex), Apt. 2418, Austin, TX 78753. My home phone: (512) 342-2295. Cell phone: (512) 993-7305.
John Kevin McMillan
On Tuesday, November 10, 2020, 10:14:07 AM CST, Austin Public Records Center <austintx@mycusthelp.net> wrote:
--- Please respond above this line ---
Re: Public Information Request of October 21, 2020, Reference # R047158-102120;
Dear Mr. John Kevin McMillan,
The Austin Police Department received a Public Information request from you on October 21, 2020, to request copies of records pertaining to the following:
“:I am seeking a copy of no more than five total pages per APD officer of records or documents from the Austin Police Department Human Resources office that state the full legal name, most recent job title, and current or most recent job duties of any and all certified peace officers employed full-time or part-time or on a temporary basis by APD at any time from June 21, 2019, through the present, who in each and every such case also resided at, or currently also reside at, the Pebble Creek Apartments gated-community apartment complex, 8805 North Plaza Drive, zip code 78753, in northeast Austin.”
The City of Austin has responsive information for your request. Please log in to the Open Records Center at the following link to download the responsive records. The attached previous determination requires the department to withhold the home address of all current and former officer with the department.
Please be advised the website only allows for two downloads of your files, once you have opened your files please save a copy for your records
Thank you for contacting the City of Austin.
Open Records Unit
Austin Police Department
To monitor the progress or update this request please log into the Austin Public Records Center
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