Office of General Counsel,
5805 North Lamar Boulevard,
Austin, TX 78752
October 27, 2021
Dear Open Records Coordinator for the Texas Department of Public Safety (DPS) state agency headquarters here in Austin,
This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail letters or other written communications generated or received by your state agency's Office of General Counsel or risk-management office in Austin at any time since April 1, 1997, that each cite or comprise a determination, legal opinion, or ruling that has been issued, made, or received by the Texas DPS in regard to the level of compliance with the law by the ongoing 24-hour-a-day electronic surveillance of myself, John Kevin McMillan, or by the ongoing approximately 20-or-more-hours-per-day anonymous verbal communications to me, reportedly occurring here in Austin, Texas, and Travis County, Texas.
My legal name is John Kevin McMillan. I was born on April 27,1957, in Lincoln, Nebraska.
During the approximately 25-year time period applicable to this public-information request, I have resided as a rent-paying official tenant or rent-paying occupant at the following respective addresses, listed chronologically from oldest address for me to most recent address:
---Camino Real Apartments, 2810 Salado Street, Apt. 127, Austin, TX 78705.
---Peppertree Apartments, 408 West 37th Street, Apartment 102-B, Austin, TX 78705.
---ViewPoint Apartments, 2518 Leon Street, Apartment 101, Austin, TX 78705.
---Wind River Crossing Apartments, 11411 Research Boulevard, Bldg. 16, Apt. 1638, Austin, TX 78759.
---Wind River Crossing Apartments, 11411 Research Boulevard, Bldg. 3, Apt. 325, Austin, TX 78759;
---Crossland Economy Studios, 12621 Hymeadow Road, Apt. 133, Austin, TX 78729;
---Village Oaks Apartments, 10926 Jollyville Road, Bldg. 9, Apt. 902, Austin, TX 78759;
---Village Oaks Apartments, 10926 Jollyville Road, Bldg. 16, Apt. 1609, Austin, TX 78759;
---Austin Motor Inn, 11400 North Interstate Highway 35, a first-floor room, Austin, TX 78753; and
---Pebble Creek Apartments, 8805 North Plaza Drive, Bldg. 17, Apt. 2418, Austin, TX 78753.
I am a former full-time employee here in Austin for your state agency's Motor Carrier Bureau along Guadalupe Street in north Austin.
I am a permanently-alcohol-free (ever since the late summer of 1990), permanently marijuana-free (ever since the late fall of 1984) and anti-marijuana-minded, lifelong-illicit-drug-free in regard to any and all illicit-drugs other than marijuana, lifelong-tobacco-free, lifelong-non-vaping, lifelong-tattoo-less, permanently-jewelry-less, platonicly polite, non-sadomasochistic and anti-S&M, recently-certified-HIV-negative, psychologically healthy, public-health-minded, public-safety-minded, clean-talking (no profanity by me in my everyday conversations with others), dependably civil and law-abiding and conscientious and very honest, white Anglo-Saxon non-Hispanic gentleman of English, Scottish, and German ancestry. I am also a longtime celibate-by-choice (including on a continuous and uninterrupted basis ever since I moved from the UT-Austin area of central Austin to north Austin in August 2001), facially-cleanshaven (no beard, no mustache, no goatee), lifelong-single person. I am a gainfully-employed (at three different corporate-owned restaurants in Austin, with two of their respective restaurant chains being headquartered in Florida and one of them headquartered in San Antonio, Texas) , 64-year-old adult gentleman.
I live alone inside my current solo-occupancy efficiency apartment unit located 5.1 miles from and northeast of your DPS headquarters offices. I wish to also politely mention that I have emphasized in writing to the City of Austin that I DO NOT agree to ever myself have any sexual contact or intimate physical contact with anyone more than two years older than me, and that I DO NOT agree to ever have any sexual contact or intimate physical contact with any non-Anglo person---and that I DO press criminal-law charges (if applicable) accordingly. I might add that in my off-duty life, personal life, platonic social life, and eventual strictly-mutual-consent romantic life, I exercise my Freedom of Speech-related and Freedom of Association-related Constitutional legal right to reflect my Anglo-Saxon self-identity during my off-duty time. I am a certified direct descendant of the great Puritan religious leader and Mayflower head chaplain the Rev. William Brewster, and I am a former individual dues-paying member of the Elder William Brewster Society. I am the only member of a new and drinking-alcohol-free, anti-tobacco-minded, politely non-Christian, implicitly-deistic religion with very stringent membership-eligibility requirements, the Progressive Prohibitionist Religion. I am limiting membership in that new religion to myself only, both in the present and foreseeable future. I will consider permitting another person to apply to join my non-profit religious organization only after alleged continuous verbal harassment of me in Austin, Texas, allegedly fraudulent continuous anonymous communications being inflicted on me in Austin, alleged continuous home-invasion-crimes and allegedly continuous sex-crimes and allegedly continuous personal-injury-crimes allegedly victimizing me during my sleeping hours, and other alleged continuous violations of my privacy have all ended and 12 additional months have then transpired after that point.
This public-information request was prompted by invaluable legal advice I received on June 6, 2008 (see below, also noted in a recent e-mail letter of mine to Texas Attorney General Ken Paxton for which Mr. Paxton has not yet sent me a reply letter) from a first-rate private attorney in Houston, Mr. Arnold Polanco. That very incisive and very honorable member of the State Bar of Texas stated to me during my consultation of himself on the telephone that it is illegal in Texas for the government to subject me to continuous anonymous verbalized communications during a time period in which electronic surveillance of me had already been authorized by the government and was already occurring.
This public-information request was also prompted by a July 12, 2001, legal reply letter (last item, below) I received from your DPS Office of General Counsel. In that signed reply letter to me from Allen W. Smiley, a Legal Assistant in your public law office in north Austin, he stated to me that the Texas DPS does not have any record of any illegal electronic surveillance of myself during the time period from March 1986 through the date in 2001 (apparently a day in July or June of 2001, though I am not able to retrieve that date in my computer system at this time) when I had submitted that information request by e-mail to the Texas DPS.
This public-information request was also prompted by the statement to me on the telephone around the turn of the century by Austin (TX) FBI Office Agent In Charge W. Rick Copeland that if there is ongoing continuous and continuing "electronic surveillance" of myself occurring in Austin, Texas, the government agency sponsoring that surveillance of myself should and will generously financially compensate me (John Kevin McMillan of Austin, Texas) for that surveillance of myself, FBI Agent in Charge Copeland volunteered to me on the telephone during a friendly phone call I made to that federal law-enforcement officer from a land-line phone inside the lobby area of the University Federal Credit Union (UFCU) location at 4611 Guadalupe Street in central north Austin. That UFCU location is situated near a large outdoor tennis courts complex owned by the University of Texas at Austin.
Mr. Copeland also stated to me in that same turn-of-the-century local phone call I made to the FBI office in Austin that the only context he was aware of in which the government could authorize continuous 24-hour-a-day electronic surveillance of me would be a context in which I myself was suspected of having an alleged possible involvement in alleged illicit-drug-trafficking, FBI Austin Agent in Charge Copeland volunteered to me in our local phone conversation. I myself do not have any criminal-conviction record, and I myself have never in my entire life had any role in any illicit-drug-trafficking. I am very opposed to the cultivation, sale, and consumption of illicit drugs.
I am also submitting this request after recalling today a very helpful and courageous statement to me on the telephone about 10 (?) years ago by a personal friend of mine and very kind and admirably honest former work supervisor of mine at Souper Salad Lakeline restaurant near Lakeline Mall in far northwest Austin, Mr. Ernie Motloch---who is also a very fine Catholic gentleman of Czech ancestry, a longtime very reputable businessman, a married gentleman, a devoted father, and an also-devoted grandfather. "You (John Kevin McMillan of Austin) are being slandered!" (exact quote), Ernie Motloch very kindly volunteered to me in a landline telephone call I made from inside my Wind River Crossing Apartment unit to Ernie Motloch at his cell phone number.
One highly-esteemed story-assignment editor for "Texas Monthly" magazine, John Broders, stated to me from his "Texas Monthly" workplace earlier this century during a land-line phone call I made to his magazine-publication office in downtown Austin: "It is NOT YOUR (John Kevin McMillan's) responsibility to end the (continuous anonymous) voices!" Mr. Broders did not elaborate in regard to which person, government-affiliated institution, non-profit group, or business entity would hold that type of legal authority in regard to my own living conditions.
One very polite adult female Hispanic waitstaff coworker of mine at the Souper Salad chain corporate-owned Braker Lane location restaurant workplace in Austin, Viviana ---who stated that she herself is a devoted member of the St. Louis King of France Catholic Church along Burnet Road in north Austin---politely emphasized to me in 2002 or 2003, during a two-person off-duty lunch meeting we had together inside the "China Sea" locally-owned Chinese restaurant along Far West Boulevard in northwest Austin: "I (friendly restaurant coworker Viviana) recommend that you permanently exclude from your own life all of the persons who subject you to anonymous verbalized communications, including the anonymous verbalized communications at our Souper Salad Braker Lane restaurant workplace (next to an H.E.B. chain supermarket location)"---a workplace where our general manager at that time was either a woman or a married gentleman named Rudy Woolf.
One self-identified older male relative of mine in Austin, Texas, Kent Neal McMillan, stated to me in 1990 or 1991, during a long-distance phone call I made to his at his and his wife's home in south Austin from my solo-occupancy rental-apartment unit in Sweetwater, Texas: "The voices appear to be very angry with you (John Kevin McMillan of Sweetwater, Texas). I (Kent McMillan) recommend that you look upon them as personal friends of yours and try to stay on good terms with them. That does not obligate you, however, to ever be an actual personal friend of any of them." The same Kent Neal McMillan volunteered to me on the telephone in 1991 or 1990, during a long-distance phone call I made to his and his wife's home in south Austin from my rental-apartment unit in Sweetwater, Texas: "Even if the voices (sic) do end, you (John Kevin McMillan of Sweetwater) may find that the circumstances you yourself encounter continue to be dishonest toward yourself." (approximate quote).
One highly-regarded General Counsel for the Texas A&M University System in College Station, the very distinguished State Bar of Texas member attorney Delmar L. Cain, in 1997 wrote a multi-page intra-office memo on official Texas A&M University stationery in which he explored in writing whether Mr. Cain should file a lawsuit opposing "obscene anonymous communications" (exact phrasing) that he cited as allegedly victimizing me in Austin, Texas, during that time period. I later obtained a copy of that memorandum written by Mr. Cain through a public-information request I submitted to Texas A&M University earlier this century.
One highly-regarded State Bar of Texas member private attorney and University of Texas at Austin Law School alumnus whom I consulted in the late 1990s and early 21st Century, attorney John F. Campbell of Campbell & Morgan Law Firm in downtown Austin, volunteered to me in person during a two-person legal consultation meeting I had with him inside his law firm office in the late 1990s: "If the anonymous continuous verbalized communications to you (legal-services client and Texas Legal Protection Plan dues-paying individual member John Kevin McMillan of Austin) that you describe to me today are in fact occurring, that is all the legal evidence I as an attorney need to conclude that someone is TRYING TO KILL YOU, JOHN!"
Thank you in advance for your very helpful and very prompt reply letter to me in response to this very narrowly-focused public-information request from myself.
Sincerely and Best Wishes,
John Kevin McMillan.
My solo-occupancy efficiency-unit rental-home address ever since June 21, 2019:
Pebble Creek Apartments (a Belco Equities-managed, large gated-community complex that is reportedly owned by "Pebble Creek Babay, Ltd., doing business as Pebble Creek Apartments", according to my current lease agreement for Apt. 2418, with Pebble Creek Apartments reportedly being a "California Limited Partnership" for which the primary agent has a mailing address in Beverly Hills, California), 8805 North Plaza Drive, Bldg. 17, Apt. 2418, Austin, TX 78753.
My landline home phone number that I have kept and paid for at a variety of residences of mine over a multi-decade period, with AT&T and, most recently ever since June of 2019, Grande Communications of San Marcos, Texas, having each permitted me to use that same land-line phone number: (512) 342-2295.
My AT&T-cell-phone service phone number ever since August of 2019: (512) 993-7305.
----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: public.information@texasattorneygeneral.gov <public.information@texasattorneygeneral.gov>; delia.garza@traviscountytx.gov <delia.garza@traviscountytx.gov>; City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; State Bar of Texas Govt. Relations <govt.relations@texasbar.com>; Senator Sarah Eckhardt Constituent Assistance <district14.eckhardt@senate.texas.gov>; State Senator Sarah Eckhardt 2020 <sarah.eckhardt@senate.texas.gov>; David Spiller <david.spiller@house.texas.gov>; Fbinaa Info <info@fbinaa.org>; Texas Rangers (2015) <rangers@dps.texas.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; District 4 <district4@austintexas.gov>; Hernandez Sally [TCSO] <sally.hernandez@traviscountytx.gov>; Commissioner Jeffrey Travillion 2019 <jeffrey.travillion@traviscountytx.gov>; Rep. Sheryl Cole (2019 CentralTX) <sheryl.cole@house.texas.gov>; Austin Police Dept. Asst. 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william.franz@thecb.state.tx.us <william.franz@thecb.state.tx.us>; communications@taa.org <communications@taa.org>; info@austinaptassoc.com <info@austinaptassoc.com>; webmaster@naahq.org <webmaster@naahq.org>; Ann Howard <ann.howard@traviscountytx.gov>; Austin Regional Crime and Terrorism Intelligence Center <aric@austintexas.gov>; district9@austintexas.gov <district9@austintexas.gov>; rob.moctezuma@gmail.com <rob.moctezuma@gmail.com>; adttx@live.com <adttx@live.com>; trevorglynn@gmail.com <trevorglynn@gmail.com>; meganmccall65@gmail.com <meganmccall65@gmail.com>; Issa.Kafena <issa.kafena@austintexas.gov>; daniel.portnoy@austintexas.gov <daniel.portnoy@austintexas.gov>; brian.narciso@austintexas.gov <brian.narciso@austintexas.gov>; APD Acting Chief Joseph Chacon 2021 <joseph.chacon@austintexas.gov>; zachandalex17@gmail.com <zachandalex17@gmail.com>; nickburtonoutb@yahoo.com <nickburtonoutb@yahoo.com>; yessy1360@yahoo.com <yessy1360@yahoo.com>; privacy@traviscountytx.gov <privacy@traviscountytx.gov>; jsmith@taccho.org <jsmith@taccho.org>; themail@newyorker.com <themail@newyorker.com>; brian@travisdems.org <brian@travisdems.org>; esmith@texastribune.org <esmith@texastribune.org>; The Texas Tribune <community@texastribune.org>; editors@texasobserver.org <editors@texasobserver.org>; letters@time.com <letters@time.com>; sjmc@umn.edu <sjmc@umn.edu>; wf@law.utexas.edu <wf@law.utexas.edu>; vpla@austin.utexas.edu <vpla@austin.utexas.edu>; matt@crosspointeaustin.org <matt@crosspointeaustin.org>; newsmedia@ldschurch.org <newsmedia@ldschurch.org>; jmartin@austinchamber.com <jmartin@austinchamber.com>; gwhil@austincc.edu <gwhil@austincc.edu>; wkelly@austin.utexas.edu <wkelly@austin.utexas.edu>; michael@dell.com <michael@dell.com>; newstips@latimes.com <newstips@latimes.com>; bennie.dinardo13@gmail.com <bennie.dinardo13@gmail.com>; info@rabbinicalassembly.org <info@rabbinicalassembly.org>; mayor@slcgov.com <mayor@slcgov.com>; riceyoungdems@gmail.com <riceyoungdems@gmail.com>
Sent: Wednesday, September 15, 2021, 05:57:24 PM CDT
Subject: 9-15-21 urgent surveillance-related question for TX Attorney General Ken Paxton
September 15, 2021
Dear Attorney General of Texas Ken Paxton in this state-capital city for Texas,
Do you agree with highly-esteemed Houston-area State Bar of Texas member attorney Arnold Polanco's statement (see accompanying legal document, below) to me on the telephone on June 6, 2008, that it is illegal in Texas for a government-owned institution or a judge in a court of law to ever at any time authorize any anonymous verbalized communications being inflicted on or being imposed on any cited person for whom government-ordered electronic surveillance of the latter individual had been previously authorized?
Thank you in advance, Attorney General Paxton, for your helpful reply letter to me about this very important legal issue.
Best Wishes,
John Kevin McMillan, a gainfully-employed, dependably civil and law-abiding and very honest and vigilant and public-safety-minded, permanently-drinking-alcohol-free (ever since the late summer of 1990), permanently marijuana-free (ever since the late fall of 1984), lifelong-tobacco-free, lifelong-non-vaping, lifelong-illicit-drug-free in regard to any and all illicit drugs other than marijuana, lifelong-tattoo-less and anti-tattoos-minded, facially-cleanshaven (no goatee, no mustache, no beard), consistently clean-talking (no profanity verbalized by me in my everyday conversations with others), non-gambling, platonicly polite, longtime-celibate-by-choice, single adult white Anglo-Saxon non-Hispanic gentleman. I might add that I myself do not have any criminal-conviction record.
I am also the current criminal-law complainant with the Austin Police Department in APD Sex Crimes Case 2021-2440624, with APD Sex Crimes Unit Detective William Costello the first-rate and very successful crime investigator in that case. That new APD case was opened by APD on September 1, 2021. APD has obtained a forensic DNA-swabs anal-rape-evidence medical-exam kit for that crime case after a forensic DNA-swabs rape-evidence exam I had requested was performed on me in central Austin by a first-rate Austin SAFE Alliance state-registered forensic nurse in the early morning hours of September 2, 2021, inside the emergency room of Dell Seton Medical Center at The University of Texas.
My solo-occupancy efficiency-rental-apartment-unit home address ever since June 21, 2019:
Pebble Creek Apartments (a Belco Equities-managed large gated-community complex), 8805 North Plaza Drive,
Bldg. 17, Apt. 2418, Austin, TX 78753.
My home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
---- Forwarded Message ----
From: John McMillan
To: TexasLegalProtectionPlanDir.PatriciaPatterson ; AttorneyGeneralofTexas ; john.edwards@texasar.com
Sent: Monday, June 16, 2008 3:00:49 PM
Subject: 6-16-08 reply sought re: anonymous communications
June 16, 2008
Dear Consumer Protection Division and Citizens Assistance Officials of the Texas Attorney General's Office state agency in Austin, and Texas Legal Protection Plan (TLPP) Administrator Patricia Patterson in Westlake Hills, Texas,
As a consistently civil and law-abiding, psychologically healthy and intelligent and fully ambulatory, clean-talking, illicit-drug-free and anti-drug, lifelong tobacco-free, permanently alcohol-free and anti-alcohol, disease-free, law-enforcement-minded, gainfully employed, single adult gentleman and American citizen, I would like to take this opportunity to invite each of you to provide me with any factual information you may have or obtain in the future at some point in regard to whether you are aware of any private-sector entity or individual, such as a business or businessperson or attorney or law-firm or non-profit organization, that may have allegedly subjected me to any verbalized anonymous communications evidenced in Austin, Texas, of which either or both of you or either or both of your respective organizations are or is aware.
I am raising this important question after consulting the very distinguished State Bar of Texas member and private attorney Arnold Polanco of the Houston area over the telephone on June 6, 2008.
I consulted attorney Polanco through a phone call I made to my Texas Legal Protection Plan hotline phone number of 1-800-835-2255, which resulted in a referral from a female staff members who habitually answers that office phone of hers with "Ross Bank" as her initial greeting, to participating attorney Arnold Polanco. (CORRECTION INSERTED HERE ON OCTOBER 27, 2021: the actual greeting was "Ross Banks", referring to the name of that first-rate law firm in Houston, Texas, that provided the very helpful Texas Legal Protection Plan hotline legal-consultation service during that time period---JKM)...
Attorney Arnold Polanco in that legal consultation I had with him over the telephone on June 6, 2008, helpfully advised me that it would be illegal for a government-owned institution or a judge in a court of law to ever at any time authorize any anonymous verbalized communications being inflicted on or being imposed on any cited person for whom government-ordered electronic surveillance of that latter individual had somehow been authorized in advance.
Any written response that either of you is willing to offer me in regard to this oral statement I've received through the Texas Legal Protection Plan from attorney Arnold Polanco, would be greatly appreciated.
Among the follow-up questions that come to mind for me are:
(1) If the name of the business or non-profit organization or business person or person somehow subjecting me to or sponsoring anonymous verbalized communications to myself that are evidenced in Austin, Texas, is ever at any time identified, do I have the option of myself pressing legal charges, possibly including through a civil-law lawsuit and criminal-law charges, against each such entity or person, and against a financial institution lending money to that entity or person that financed his or her or their alleged violations of my own privacy rights.
(2) Do I also have the option of myself choosing to terminate any further involvement of any type between myself and any so-described person or entity or institution?
Thank you in advance to each of you and your noble respective organizations for your very helpful reply letter to myself in response to these two questions.
Sincerely and Best Wishes,
John Kevin McMillan,
11411 Research Boulevard, Apt. 325, Austin, Texas, 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
cc: State Bar of Texas Executive Director Jonathan Edwards.
__________________________
(EDITOR'S NOTE: The following is the exact verbatim text of a signed 2001 legal reply letter to myself, John Kevin McMillan of Austin, from the Office of General Counsel of the Texas Department of Public Safety state agency headquarters complex in north Austin.
I was employed for 12 consecutive months, from the fall of 1997 through the fall of 1998, as a full-time clerical employee of the Texas Department of Public Safety state headquarters Motor Carrier Bureau along Guadalupe Street in Austin. I was never fired from my position of employment with that state agency, and I did in fact resign from my position there in late 1998. I left the DPS a matter of weeks after Major Burroughs of the DPS Motor Carrier Bureau staff advised me during a discreet one-to-one meeting he requested of me inside his DPS office in 1998 to myself apply to work instead as a legal secretary for the Attorney General of Texas, Major Burroughs stated to me on his own initiative. Major Burroughs added during our one-to-one 1998 meeting inside his state agency office that he felt sure that I would be a better match for the Attorney General of Texas state agency as an employee than for the DPS. When I then applied for a legal secretary position at the Attorney General of Texas in downtown Austin, I was surprised and disappointed to learn that my application was rejected by that state agency. --jkm)
"TEXAS DEPARTMENT OF PUBLIC SAFETY
"5805 N. Lamar Blvd Box 4087 AUSTIN, TEXAS 78773-0001
"512/424-2000
"THOMAS A. DAVIS, JR.
"DIRECTOR
"DAVID McEATHRON
"ASST. DIRECTOR
"FRANKE WALLER
"ASST. DIRECTOR"
"July 12, 2001
"Mr. John K. McMillan
P.O. Box 11517
Austin, Texas 78705
"Re: Public information request for records concerning illegal electronic surveillance of yourself since March 1986.
"Dear Mr. McMillan:
"Please be advised that after a thorough search of departmental files, we have been unable to locate any information responsive to your request. Since the Department has no information responsive to your request, I will be closing our file on this matter.
"Please feel free to contact me at (512) 424-2890, if you have any questions regarding your request for information.
"Sincerely,
"Allen W. Smiley
"Legal Assistant
"Office of General Counsel
"Enclosure."