Monday, June 7, 2021

LEGAL CORRESPONDENCE OF MINE RELATING TO A STATEMENT TO ME FROM THE ONE TOTAL CITY ATTORNEY ANYWHERE IN THE ENTIRE WORLD WHO HAS EVER THANKED ME IN WRITING FOR AN EXPECTED FUTURE 'CLAIM' FOR FINANCIAL COMPENSATION TO ME BY HIS CITY GOVERNMENT---THAT CITY GOVERNMENT BEING THE CITY OF QUINCY, MASSACHUSETTS

 

----- Forwarded Message -----

From: John McMillan <mcmillanj@att.net>
To: "donna.howard@house.state.tx.us" <donna.howard@house.state.tx.us>; "kirk.watson@senate.state.tx.us" <kirk.watson@senate.state.tx.us>; "jesse.lewis@twc.state.tx.us" <jesse.lewis@twc.state.tx.us>; "robert.gomez@twc.state.tx.us" <robert.gomez@twc.state.tx.us>; "john.moore@twc.state.tx.us" <john.moore@twc.state.tx.us>; "Michael.Minoia@dshs.state.tx.us" <Michael.Minoia@dshs.state.tx.us>; "Lisa.Hernandez@dshs.state.tx.us" <Lisa.Hernandez@dshs.state.tx.us>; "mail@dads.state.tx.us" <mail@dads.state.tx.us>; "Elizabeth.Rogers@TexasBar.com" <Elizabeth.Rogers@TexasBar.com>; "michelle.hunter@texasbar.com" <michelle.hunter@texasbar.com>; "customer.service@dshs.state.tx.us" <customer.service@dshs.state.tx.us>; "marc.ott@ci.austin.tx.us" <marc.ott@ci.austin.tx.us>; "david.smith@ci.austin.tx.us" <david.smith@ci.austin.tx.us>; "julie.brossette@ci.austin.tx.us" <julie.brossette@ci.austin.tx.us>; "mike.martinez@ci.austin.tx.us" <mike.martinez@ci.austin.tx.us>; "randi.shade@ci.austin.tx.us" <randi.shade@ci.austin.tx.us>; "laura.morrison@ci.austin.tx.us" <laura.morrison@ci.austin.tx.us>; "sheryl.cole@ci.austin.tx.us" <sheryl.cole@ci.austin.tx.us>; "lee.leffingwell@ci.austin.tx.us" <lee.leffingwell@ci.austin.tx.us>; "fccinfo@fcc.gov" <fccinfo@fcc.gov>; "ask.ocfo@usdoj.gov" <ask.ocfo@usdoj.gov>; "ocrcomplaint@hhs.gov" <ocrcomplaint@hhs.gov>; "ask@hhs.gov" <ask@hhs.gov>; "lsmith@austin.utexas.edu" <lsmith@austin.utexas.edu>; "chelsea.thornton@governor.state.tx.us" <chelsea.thornton@governor.state.tx.us>; "jeff.wentworth@senate.state.tx.us" <jeff.wentworth@senate.state.tx.us>; "ombudsman@tdcj.state.tx.us" <ombudsman@tdcj.state.tx.us>; "shenane.boston@tdcj.state.tx.us" <shenane.boston@tdcj.state.tx.us>; "exec.services@tdcj.state.tx.us" <exec.services@tdcj.state.tx.us>; "david.lurie@ci.austin.tx.us" <david.lurie@ci.austin.tx.us>; "sarah.eckhardt@co.travis.tx.us" <sarah.eckhardt@co.travis.tx.us>; "commissioner.gomez@co.travis.tx.us" <commissioner.gomez@co.travis.tx.us>; "sam.biscoe@co.travis.tx.us" <sam.biscoe@co.travis.tx.us>; "julie.joe@co.travis.tx.us" <julie.joe@co.travis.tx.us>; "norma.hilbig@co.travis.tx.us" <norma.hilbig@co.travis.tx.us>; "sherri.fleming@co.travis.tx.us" <sherri.fleming@co.travis.tx.us>; "emailmccaul@mail.house.gov" <emailmccaul@mail.house.gov>; "g2@tramail.org" <g2@tramail.org>; "byron.cook@house.state.tx.us" <byron.cook@house.state.tx.us>; "debbie.riddle@house.state.tx.us" <debbie.riddle@house.state.tx.us>; "kevin.bailey@house.state.tx.us" <kevin.bailey@house.state.tx.us>; "TX_Webmanager@hud.gov" <TX_Webmanager@hud.gov>; "ac@tceq.state.tx.us" <ac@tceq.state.tx.us>; "drejino@tamu.edu" <drejino@tamu.edu>; "bobmcteer@tamu.edu" <bobmcteer@tamu.edu>; "don.field@ci.austin.tx.us" <don.field@ci.austin.tx.us>; "jbradfield@dallascounty.org" <jbradfield@dallascounty.org>; "rose_brian@dao.hctx.net" <rose_brian@dao.hctx.net>; "Chancellor@ttu.edu" <Chancellor@ttu.edu>; "webmaster@doc.gov" <webmaster@doc.gov>; "webmaster@dol.gov" <webmaster@dol.gov>; "webmaster.ogc@epa.gov" <webmaster.ogc@epa.gov>; "edfoiamanager@ed.gov" <edfoiamanager@ed.gov>; "knowledge@texmed.org" <knowledge@texmed.org>; "ceja@ama-assn.org" <ceja@ama-assn.org>; "csaph@ama-assn.org" <csaph@ama-assn.org>; "lyoung@austincc.edu" <lyoung@austincc.edu>; "ceo@austincc.edu" <ceo@austincc.edu>; "rodney.ellis@senate.state.tx.us" <rodney.ellis@senate.state.tx.us>; "john.carona@senate.state.tx.us" <john.carona@senate.state.tx.us>; "judith.zaffirini@senate.state.tx.us" <judith.zaffirini@senate.state.tx.us>; "florence.shapiro@senate.state.tx.us" <florence.shapiro@senate.state.tx.us>; "nwu@nwu.org" <nwu@nwu.org>; "nita1312@aol.com" <nita1312@aol.com>; "cac@oag.state.tx.us" <cac@oag.state.tx.us>
Sent: Tuesday, November 17, 2009, 10:04:57 PM CST
Subject: 11-12-09 reply fr. Quincy City Solicitor re noise pollution med. damage to myself

A respectful FYI to each of you very influential City of Austin, Travis County, Dallas County, Harris County, State of Texas, UT-Austin, Texas A&M University System, Texas Tech University System, and U.S. Government officials in regard to the following (see below) legal reply letter I've received from City Solicitor Timmins of Quincy, Mass., relating to noise pollution-related legal allegations from myself.
Please note that City Solicitor Timmins of Quincy, Mass., in his politely-worded reply letter refers to a possible expected legal claim that I myself might at some future date be expected to file against the City of Quincy (Mass.).
So far, I have not received any comparable kindly written invitation from Mr. Timmins's counterpart in Austin, City of Austin (TX) City Attorney David Smith, to myself file a lawful and formal claim for financial compensation from the City Government of Austin relating to significant and permanent damage to my own hearing capacity and medical health that was continuously inflicted on me over a multi-decade period in Austin, Texas, by anonymous perpetrators of continuous, incessant, year-round noise pollution, including at each of my respective State of Texas workplaces or restaurant-industry private-sector workplaces involving a variety of employers. That noise pollution, I wish to emphasize, is pollution injurious to myself that I definitely do NOT want or need, and that I myself definitely did NOT and do NOT cause or generate or authorize in any way.
A reply letter in regard to any aspect of this legal correspondence that any of you are willing to write and send to me would be greatly appreciated.
Sincerely and Best Wishes,
John Kevin McMillan of Austin, Texas.
Home phone; (512) 342-2295.
with courtesy caron copies to the Texas Restaurant Association's highly esteemed General Counsel, Mr. Glen Garey, who has been willing to speak with me on the telephone in recent years, and to officials of my National Writers Union, an AFL-CIO-affiliated labor union in which I am an individual dues-paying member. The New York City-based NWU strives to protect the privacy rights and full range of legal rights of each of its individual members, including myself, John Kevin McMillan of Austin, Texas. I'm also sharing a carbon copy of all this with ACC journalism instructor Nita Howard, who is familiar with Quincy, Mass., and might be interested in reading the helpful reply letter I've received (below) from City of Quincy City Solicitor James Timmins.

John Kevin McMillan

--- On Thu, 11/12/09, James Timmins <jtimmins@quincyma.gov> wrote:

From: James Timmins <jtimmins@quincyma.gov>
Subject: RE: legal liability follow-up note re: noise pollution damage to myself in Texas
To: "'John McMillan'" <mcmillanj@att.net>, "'Harvard University Medical School'" <healthbeat@mail.health.harvard.edu>, "'Attorney General of Massachusetts'" <ago@state.ma.us>, "'Quincy (MA) City Solicitor Timmins'" <jtimmins@ci.quincy.ma.us>, "'Quincy (Mass.) City Clerk Shea'" <jshea@ci.quincy.ma.us>, "'Quincy (Mass.) Police Dept. Chief Paul Keenan'" <qpdinfo@ci.quincy.ma.us>, "'Mass. Dist. Attorneys Assn.'" <webmail@daa.state.ma.us>, don.field@ci.austin.tx.us, "'CountyAttorneyDavidEscamilla'" <david.escamilla@co.travis.tx.us>, district.attorney@co.travis.tx.us, "'ENT SpecialistDr. David Tobey'" <dtobey@mac.com>, "'AttorneyGeneralofTexas'" <cac@oag.state.tx.us>
Date: Thursday, November 12, 2009, 11:09 AM

I am responding on behalf of City Clerk Shea and Police Chief Keenan.  The city appreciates that you took the time to provide us notice of your potential claims.  We wish you well in your attempts to resolve your medical/hearing issues.  We do all we can in Quincy to insure the safety of workers and others who might be subject to excessive noise, and will continue to do so.  Again, thank you for the courtesy of your e-mail notice.

 

James S. Timmins

CITY SOLICITOR

1305 HANCOCK STREET

QUINCY MA 02169

(617) 376-1511

jtimmins@quincyma.gov

 

 

 

 


From: John McMillan [mailto:mcmillanj@att.net]
Sent: Thursday, November 12, 2009 10:20 AM
To: Harvard University Medical School; Attorney General of Massachusetts; Quincy (MA) City Solicitor Timmins; Quincy (Mass.) City Clerk Shea; Quincy (Mass.) Police Dept. Chief Paul Keenan; Mass. Dist. Attorneys Assn.; don.field@ci.austin.tx.us; CountyAttorneyDavidEscamilla; district.attorney@co.travis.tx.us; ENT SpecialistDr. David Tobey; AttorneyGeneralofTexas; mcmillanj@att.net
Subject: legal liability follow-up note re: noise pollution damage to myself in Texas

 

Dear Harvard University Medical School officials, Quincy City Solicitor Timmins, Quincy City Clerk Shea, Quincy Police Chief Keenan, and Attorney General of Massachusetts, respectively,

A respectful FYI to each of you officials in Massachusetts relating to this medical legal-liability matter in which I insist on myself pressing criminal-law charges and civil-law charges on my own behalf at the earliest opportunity.

As a former resident of Boston, Cambridge, Quincy, and Worcester, Mass., respectively, who myself moved from Quincy or north Quincy, Mass., back to Texas in January of 1988, I continue to sense that some of the legal-liability issues for government relating to noise pollution-inflicted permanent damage to my own hearing capacity, also apply to the Commonwealth of Massachusetts and the City of Quincy, Mass., or one or more other municipal or county governments in Massachusetts.

I would appreciate a reply letter about this matter.

Sincerely and Best Wishes,

John Kevin McMillan, a permanently alcohol-free (ever since 1990, in the complete absence of any prior addiction), lifelong tobacco-free, illicit-drug-free (ever since 1984, in the complete absence of any prior addiction), civil and law-abiding, non-stalking and privacy-rights-respectful, clean-talking, tattoo-less, jewelry-less, facially-cleanshaven, masculine and honest and straightforward and politely aggressive (as distinct from passive or passive-aggressive or effeminate, for instance), psychologically healthy, intellectually talented, athletically talented, recently (as of June 2009, when I was last tested for it by the Travis County-City of Austin Health Department, at my request) certified as HIV-negative and STD-free, fully ambulatory, youthful, gainfully employed, single adult male direct descendant of the Rev. William Brewster of the Mayflower.

11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759 .

Home phone: (512) 342-2295.

 

cc: Massachusetts District Attorneys Association, who might be concerned about the criminal-law implications and very severe injuriousness of constant and year-round noise pollution being deliberately and willfully and in an unconscionable manner being inflicted on myself against my wishes, including when I resided in Quincy, Mass., in 1987 and 1988, by persons and entities exhibiting a political and religious and philosophical and personal incompatibility with myself and my own religious and political beliefs and personal beliefs. To name two examples of political and religious beliefs of mine in my own non-Christian religious life that set me apart from many Massachusetts residents, I take great pride in being a strong supporter of court-ordered capital punishment for the heinous crime of either homicide or, through a revision of state law, the also-barbarous and unconscionable crime of attempted homicide; and I'm also a strong supporter of an eventual prohibition on the production, sale, and consumption of drinking alcohol as a beverage per se (as distinct from the use of alcohol in cooking, in which the cooking process removes the alcoholic content of that alcoholic beverage, which is religiously and politically acceptable to me at this time).

  Travis County (Austin, Texas) District Attorney Rosemary Lehmberg, who thus far has chosen not to press criminal-law charges against any person based in the Commonwealth of Massachusetts relating to the outrageous permanent and significant damage to my own hearing capacity as a single adult gentleman that I've sustained because of unwanted year-round and continuous noise pollution inflicted on myself by others in Quincy, Massachusetts, and inside one or more workplaces of mine in Boston, Mass., and inside a hospital where I was confined against my wishes in Malden, Mass., in the late 1980s, and, ever since January of 1988, in hundreds of Texas cities and several New Mexico cities where I have either resided or traveled through or worked for a newspaper employer or other employer, or visited during my leisuretime.

   Don Field, public information officer for the Austin Police Department in Austin, Texas, the Austin Police Department having thus far having chosen not to press any criminal-law charges against any residents of Massachusetts, Minnesota (the state where I resided immediately before I moved to Massachusetts in 1984), or Texas, or any other state, relating to the deliberate and unconscionable and medically injurious infliction of unwanted noise pollution on myself by one or more persons and business entities unbeknownst to myself.

   Travis County Attorney David Escamilla, Austin , Texas , who thus far has chosen not to file any lawsuit on my own behalf in this legal liability matter facing persons and entities based in Massachusetts as well as Texas .

   Texas Attorney General Gregory Abbott, who thus far has chosen not to file a lawsuit against a business entity or non-profity entity or individual based in Massachusetts (or Minnesota, or some other U.S. state, such as Florida, Illinois, Wisconsin, New York, New Mexico, or California) who or that allegedly perpetrated constinuous and year-round noise pollution on myself in Texas in a manner that has been determined by Dr. David Tobey, an ENT medical expert in Austin, to have been significantly medically injurious to myself.

 



John Kevin McMillan

--- On Wed, 11/11/09, John McMillan <mcmillanj@att.net> wrote:


From: John McMillan <mcmillanj@att.net>
Subject: Fw: Re: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: barbara.mccaslin@dads.state.tx.us, brett.norbraten@dads.state.tx.us, "Texas Dept of Aging and Disability Services General Counsel Owens" <mail@dads.state.tx.us>, hipaa.privacy@dshs.state.tx.us, Michael.Minoia@dshs.state.tx.us, "Texas Dept of State Health Services General Counsel" <Lisa.Hernandez@dshs.state.tx.us>, "U.S. Dept. of Housing and Urban Devlpt (TX regional office)" <TX_Webmanager@hud.gov>, david.lurie@ci.austin.tx.us, dtobey@mac.com, sherri.fleming@co.travis.tx.us, sarah.eckhardt@co.travis.tx.us, "APD Open Records Coordinator Don Field" <don.field@ci.austin.tx.us>, "Travis County District Attorney Rosemary Lehmberg" <district.attorney@co.travis.tx.us>, g2@tramail.org, nwu@nwu.org, robert.gomez@twc.state.tx.us, "TWC External Relations Chief Lewis" <jesse.lewis@twc.state.tx.us>, "TWC General Counsel John Moore" <john.moore@twc.state.tx.us>, "TCEQ Public Information Officer" <openrecs@tceq.state.tx.us>, "TexasDeptInsuranceWorkersHealthandSafetyOffice" <ron.tom@tdi.state.tx.us>, mcmillanj@att.net
Date: Wednesday, November 11, 2009, 10:20 PM

Dear City of Austin Health Department officials and Texas Department of Aging and Disabilities Services state agency officials and Texas Department of State Health Services officials in Austin , and regional officials of the U.S. Department of Housing and Urban Development, respectively,

 

I would appreciate a reply letter from any of your City of Austin, Travis County, or State of Texas health-protection agencies, or from your federal agency, in regard to the noise-pollution-related medical-damage allegations by myself, as cited below in my November 10, 2009-dated Open Records request to the Texas Commission on Environmental Quality state agency in Austin, Texas.

 

That state agency maintains (see below) that it has no legal responsibility in regard to lawful government-ordered termination of the medically injurious and constant and year-round noise pollution at the workplace that has been inflicted on myself over a multi-year period in Austin, and that has been determined by a nationally renowned Ear, Nose, and Throat medical specialist, Dr. David Tobey of Austin, to have caused significant permanent damage to my own hearing capacity and medical health in the multi-year period since he first examined me in 2005.

 

Dr. David Tobey has stated in writing in June of this year, in fact, that I myself have sustained a medical "disability" resulting from noise pollution in Austin, Texas, including at my workplace, that I myself did not authorize or generate or cause or request, Dr. Tobey has helpfully stated to me in person over the course of the several medical appointments I have had with Dr. Tobey inside his medical clinic along Angus Road in northwest Austin. I have provided full written authorization from myself to the very conscientious and very helpful Dr. Tobey to please share any and all of his medical findings about me with ANY government agency or attorney or law firm or individual who might ever contact Dr. Tobey at any time. Dr. Tobey's office phone number in northwest Austin is: (512) 346-5562. Dr. Tobey's office address is: Austin Ear, Nose, and Throat Clinic, 11623 Angus Road, Suite 20 , Austin , Texas , 78759 .

 

Thank you in advance for your very kind interest in this legal-liability matter facing numerous federal, state, or local government-owned agencies or institutions in Austin , Texas , including each of your respective government-affiliated agencies.

 

Sincerely,

 

John Kevin McMillan,

11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759 ,

Home phone: (512) 342-2295.

 

courtesy carbon-copies to the Texas Restaurant Association's very diligent and polite general counsel and very distinguished State Bar of Texas member, Mr. Glen Garey, who has taken the time to talk with me on the telephone on several occasions in recent years, and to conscientious officials of the AFL-CIO-affiliated and United Auto Workers-owned labor union----the New York City, New York-based National Writers Union serving myself and other freelance writers of any and all political and religious backgrounds around the nation----in which I am a dues-paying individual member.

 A Courtesy carbon-copy as well to the highly esteemed ENT medical expert Dr. David Tobey of the Austin area, Travis County County Commissioner Sarah Eckhardt, Travis County District Attorney Rosemary Lehmberg, Austin Police Department public information coordinator Don Field, and to officials of the Texas Workforce Commission state agency in Austin, Texas, and to Open Records officials for the Texas Commission on Environmental Quality state agency in Austin, and to officials of the Texas Department of Insurance Woerks Health and Safety Office in Austin, Texas.

 

 

 



John Kevin McMillan

--- On Wed, 11/11/09, John McMillan <mcmillanj@att.net> wrote:


From: John McMillan <mcmillanj@att.net>
Subject: Fw: Re: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "StateComptrollerSusanCombs" <window@cpa.state.tx.us>
Date: Wednesday, November 11, 2009, 2:18 AM

Dear State Comptroller Combs,

Please forward the following E-mail legal correspondence of mine to the appropriate division or staff member or official of the Office of the Attorney General of Texas state agency in Austin .

Thank you in advance for your kind assistance on this. I am making this request only because when I attempted to E-mail this to the Office of the Attorney General of Texas today, I received a computerized message stating that my E-mail transmission to that state agency had somehow failed.

Best Wishes from a law-abiding and law-enforcement-minded, conscientious and honest, gainfully employed, consistently civil, permanently tobacco-free, alcohol-free, illicit-drug-free, and tattoo-less, and consistently clean-talking, single adult gentleman constituent of yours,

John Kevin McMillan of Austin .

Home phone: (512) 342-2295.

 



John Kevin McMillan

--- On Wed, 11/11/09, John McMillan <mcmillanj@att.net> wrote:


From: John McMillan <mcmillanj@att.net>
Subject: Re: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: OPENRECS@tceq.state.tx.us, don.field@ci.austin.tx.us, cac@oag.state.tx.us, district.attorney@co.travis.tx.us, david.escamilla@co.travis.tx.us, david.smith@ci.austin.tx.us, marc.ott@ci.austin.tx.us, webmaster@doc.gov, pio@txdps.state.tx.us, robert.gomez@twc.state.tx.us, healthbeat@mail.health.harvard.edu, fccinfo@fcc.gov, Elizabeth.Rogers@TexasBar.com, chelsea.thornton@governor.state.tx.us, kirk.watson@senate.state.tx.us, cdcinfo@cdc.gov, webmaster.ogc@epa.gov, jbradfield@dallascounty.org, rose_brian@dao.hctx.net, donna.howard@house.state.tx.us, ask@hhs.gov, CS.Legal.Service.Contracts@license.state.tx.us, ron.tom@tdi.state.tx.us, sherri.fleming@co.travis.tx.us, linda.rivera@ci.austin.tx.us, lee.leffingwell@ci.austin.tx.us, ask.ocfo@usdoj.gov, customer.service@dshs.state.tx.us, jeff.wentworth@senate.state.tx.us
Date: Wednesday, November 11, 2009, 1:47 AM

Dear Mr. Perry at the Texas Commission on Environmental Quality state agency in Austin ,

 

Thank you for your prompt response to my November 10-dated public information request (see below).

 

Three respectful follow-up questions for you:

 

(1) Since my public-information request specifically excludes letters or complaints from myself (John Kevin McMillan) to your State of Texas agency, can you tell me at this time whether your state agency has any record of any letter or document or other item from anyone OTHER than myself, and that refers to noise pollution in my own life circumstances in Austin, including at various workplaces of mine through the years, being medically injurious to myself in Austin, Texas.

 

(2) Why does your reply letter to me (below) indicate that your state agency accepts noise pollution complaints from private citizens, but then add that your State of Texas environmental-protection agency based in Austin , Texas , has no jurisdiction over ANY violations of the law involving noise pollution?

 

(3) Can my November 10, 2009-dated public-information request to your state agency serve as an official citizen complaint from myself being filed with your TCEQ state agency relating to noise pollution in my own life in Austin, Texas, that I did not cause or authorize or generate, having been over a multi-year and multi-decade period significantly medically injurious to myself in Austin, Texas?

 

Thank you in advance for your helpful response to each of these three follow-up questions from myself.

 

Sincerely and Best Wishes,

 

John Kevin McMillan,

11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759 .

Home phone: (512) 342-2295.

 

cc: Mr. Don Field, Public Information Officer, Austin Police Department.

     Texas Attorney General Gregory Abbott, Office of the Attorney General state agency, Austin , Texas .

     Travis County District Attorney Rosemary Lehmberg, DA's Office, Austin .

     Travis County County Attorney David Escamilla, County Attorney 's Office, Austin .

     City of Austin City Attorney David Smith, City of Austin , Austin , Texas .

     City of Austin City Manager Marc Ott, Office of the City Manager, City of Austin .

     Texas Department of Public Safety state agency officials, Austin , Texas .

     Texas Workforce Commission Civil Rights Division Director Robert Gomez and his investigative team.

     Harvard University Medical School officials, Cambridge, Mass., it being my hope that the pervasive injuriousness to honorable and law-abiding human beings such as myself from their being subjected against their wishes to continuous noise pollution over a multi-year or multi-decade period, including at the workplace, would pose a major concern to Harvard University.

     Federal Communications Commission, Washington , D.C.

     State Bar of Texas General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin.

     Texas Governor Rick Perry and Assistant General Counsel Chelsea Thornton, who might both be very disappointed to learn from the Texas Commission on Environmental Quality state agency in Austin, that it claims to have no legal authority whatsoever over government-ordered termination or cessation of year-round and continuous noise pollution determined to be significantly medically injurious to a law-abiding and honest and very honorable and consistently civil, single adult male resident of Austin, Texas, such as myself, John Kevin McMillan of Austin.

    U.S. Environmental Protection Agency, both in Washington , D.C. , and the EPA's regional office in Dallas .

    Dallas County District Attorney's Office, the regional office of the EPA being based in Dallas , Texas .

    Harris County District Attorney's Office, Houston.

    State Senator Kirk Watson of Austin, Senator Watson being a former Mayor of Austin and a distinguished attorney member of the State Bar of Texas. Senator Watson is my duly elected state senator from the Austin area.

    United States Department of Commerce officials, Washington , D.C.

    Centers for Disease Control ,  U.S. Government, Atlanta , Georgia .

    State Rep. Donna Howard, who through her legislative career has sought to protect and help strengthen the medical health of all of her civil and law-abiding Austin-area constituents, I among those civil and law-abiding constituents of hers.

     U.S. Department of Health and Human Services, Washington , D.C.

     Texas Department of Licensing and Regulation officials, Austin , Texas .

     Texas Department of Insurance officials, Austin , Texas .

      Travis County Health and Human Services Director Sheri Fleming.

     City of Austin public information coordinator Linda Rivera.

     Austin Mayor Lee Leffingwell, whose office has expressed concern to me on the telephone about noise pollution in Austin that's significantly injurious to myself.

     U.S. Department of Justice officials, Washington , D.C.

     Texas Department of State Health Services state agency,  Austin , Texas .

     State Senator Jeff Wentworth, chairman of the Senate Committee on Jurisprudence, Texas Legislature.

     
John Kevin McMillan

--- On Tue, 11/10/09, WWW - OPENRECS <OPENRECS@tceq.state.tx.us> wrote:


From: WWW - OPENRECS <OPENRECS@tceq.state.tx.us>
Subject: 11-10-09 TCEQ Open Records re: noise pollution damage to myself in Austin
To: "John McMillan" <mcmillanj@att.net>
Date: Tuesday, November 10, 2009, 3:24 PM

Mr. McMillan,

 

The following response was provided by the TCEQ Region 11 office here in Austin , "We have no record of complaints from this individual.  Further, this agency has no jurisdiction in his allegations of "noise pollution."

Sincerely,

Jimmy Perry

TCEQ Open Records Team

>>> John McMillan <mcmillanj@att.net> 11/10/2009 2:29 AM >>>

Public Information Officer,

MC 197,

Texas Commission on Environmental Quality state agency,

State Government of Texas ,

12100 Park 35 Circle,
Austin , TX 78753 ,

Or: Texas Commission on Environmental Quality
Attn: Public Information Officer, MC 197
P.O. Box 13087
Austin , Texas 78711-3087
Office phone: (512) 239-0800

FAX: 239-OPEN (6736).

 

November 10, 2009

 

 

Dear Open Records officials for the Texas Commission on Environmental Quality state agency in Austin ,

 

This is a Texas Open Records request in which I seek to obtain from your State of Texas agency a photocopy or printout of any and all documents or memoranda or computer records or letters or notes or reports or messages generated at any time since January 1, 2000, including on November 9, 2009, and that, in each and every such case, specifically refers to reports or correspondence or rumors or speculations or conclusions or findings or opinions or legal actions or public-policy actions relating to or about the continuous and year-round noise pollution in Austin, Texas, that specifically, in each such case, was cited in that particular context as having specifically caused or as being the specific cause of, or that specifically was cited in that particular context as being expected to possibly cause or definitely cause, significant and permanent damage to the hearing capacity and medical health of myself, John Kevin McMillan of Austin.

 

Specifically EXCLUDED from the scope of this particular Open Records request are any and all letters or E-mail correspondence that was or were solely written by myself.

 

My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln , Nebraska . My social security number is ....

 

I have resided in Austin proper on a continuous basis ever since mid-March of 1997. I am a lifelong single gentleman, and I have resided alone in northwest Austin ever since January of 2002.

 

In the period since January 1, 2000, I have resided at the following addresses in Austin proper:

--- 2518 Leon Street, Apt. 101 , Austin , Texas , 78705 (an apartment complex situated a few blocks from UT-Austin's campus) for all of 2000 and until August of 2001;

--- 11411 Research Boulevard, Apt. 1638 , Austin , Texas , 78759 , from August 2001 until January of 2002;

--- 11411 Research Boulevard, Apt. 325 , Austin , Texas , 78759 , from January 2002 until the present.

 

My personal E-mail addresses in the period since 2000 have been: mcmillanj@att.net and jkmcmil@texas.net .

 

One biological relative of mine, Mrs. Julie McMillan Lechtenberger, who is married to a highly-esteemed Houston-area attorney, Mr. Joseph Dean Lechtenberger, has herself repeatedly informed me over a multi-decade period, both on the telephone and in person, that she has herself actually heard anonymous background "voices" in my own presence----the source or origin of which she herself has never been able to identify, she informed me this year on the telephone----whenever Mrs. Julie McMillan Lechtenberger has observed me in person over the last many years.

 

One Austin-based ear, nose, and throat specialist, Dr. David Tobey, who has examined me in person inside his ENT medical clinic in northwest Austin on several occasions since 2005, emphatically stated to me in person during an ENT medical exam of myself on April 21, 2009, that Dr. Tobey is very sure that the noise pollution-inflicted permanent damage to my own hearing capacity over a multi-year period in Austin, Texas, was not caused by myself, nor was it authorized by myself or generated by myself, Dr. Tobey helpfully emphasized to me, including during that April 21 medical appointment I had with him.

 

Dr. David Tobey also informed me during that April 21, 2009, ENT medical examination of myself that the magnitude of the permanent damage to my own hearing capacity and medical health from noise pollution inflicted on me against my own wishes in Austin, Texas, over a multi-year period---including at several workplaces of mine, Dr. Tobey has repeatedly emphasized to me----has been comparable to what a municipal police officer sustains over the course of his entire career, Dr. Tobey stated to me during that April 21, 2009, medical appointment he had made with me.

 

Dr. David Tobey on June 3, 2009, signed a statement citing me as having myself sustained a "medical disability" in Austin , Texas , specifically involving permanent damage to my own hearing capacity. "High frequency sensorineural hearing loss causing tinnitus and sensitivity to loud sounds in some work environments," Dr. Tobey noted in that "disability documentation" signed statement on my own behalf.

 

One former roommate of mine in Austin who had roomed with me for about eight months in 2000, himself a University of Texas at Austin Classics Department faculty member in the year 2005, for instance, did state to me on the telephone on my birthday of April 27 in the year 2005, this during a polite phone call I made to his UT-Austin office from my rental apartment in northwest Austin, that he himself hoped that the cited "noise pollution" (exact quote) I again had complained about to that UT-Austin faculty member that day, would itself be terminated very soon, that self-identified native of Italy stated to me in that brief April 27 of 2005 phone conversation we had.

 

Thank you in advance for your prompt and very thorough and reliable response to this Open Records request from myself.

 

Sincerely,

 

John Kevin McMillan,

11411 Research Boulevard, Apt. 325 , Austin , Texas   78759 .

Home phone: (512) 342-2295.

 

cc: Environmental Protection Agency officials in Dallas , Texas , care of attorneys for the national headquarters office for the U.S. Government's EPA.

     Center for Diseases Control in Atlanta , Georgia .

     General Counsel Elizabeth Rogers, State Bar of Texas state agency, Austin , Texas .

     United States Department of Justice officials, Washington , D.C.

     Texas Department of State Health Services.

     Texas Department of Health and Human Services, care of the State Comptroller of Texas state agency in Austin .

     U.S. Department of Health and Human Services, Washington , D.C.

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

John Kevin McMillan

 

No comments:

Post a Comment

Please Leave Your Comments Here.