----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Austin Police Dept. Asst. Chief Troy Gay <troy.gay@austintexas.gov>; APD Acting Chief Joseph Chacon 2021 <joseph.chacon@austintexas.gov>; kurtis.krause@austintexas.gov <kurtis.krause@austintexas.gov>; City Auditor of Austin <austinauditor@austintexas.gov>; Patricia <patricia.cruz@austintexas.gov>; christopher.keen@austintexas.gov <christopher.keen@austintexas.gov>; William Costello <william.costello@austintexas.gov>; Fbinaa Info <info@fbinaa.org>; Texas Rangers (2015) <rangers@dps.texas.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Austin Homeland Security/Emergency 2021 <hsemcommunications@austintexas.gov>; The White House Attn Pres. 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Sent: Friday, October 22, 2021, 11:12:06 PM CDT
Subject: Fw: 8-12-21: TC Atty cites 'atty-client privilege', seeks official OAG OK to withhold docs from me
To: Kimbell Kesling, Assistant Attorney General of Texas, Office of the Attorney General of Texas (OAG) state agency, Open Records Division, P.O. Box 12548, Austin, Texas 78711. Office phone: (512) 463-2100.
October 22, 2021
Dear Assistant Attorney General Kesling,
Thank you for the courtesy carbon-copy you mailed to me of your three-page official October 19, 2021, legal ruling on a recent public-information request of mine to the Travis County Attorney here in Austin for which the Travis County Attorney's Office sought an Open Records ruling from OAG. Your ruling letter identifies my public-information request as "OR2021-28666" and the request from the County Attorney's Office for an OAG ruling as #910845.
That ruling from your OAG office cites "attorney-client privilege" in granting the Travis County Attorney's Office official permission to withhold from me numerous legal documents generated in 2021 that directly refer to me by name and are on file with that public law office for Travis County. No signature from yourself appears in the three-page carbon-copy of the legal-ruling letter that you mailed to me in my capacity as the "requestor". That legal-ruling letter from you had been primarily addressed to: Mr. Matthew Entsminger, Assistant County Attorney, Travis County, P.O. Box 1748, Austin, Texas 78767.
Page 3 of your ruling letter contains this very noteworthy paragraph: "The county attorney's office states the responsive information consists of communications between attorneys for the county attorney's office and employees of the county attorney's office that were made for the purpose of facilitating the rendition of professional legal services to the county attorney's office. You also state these communications were intended to be, and have remained, confidential. Based upon your representations and our review, we find you have demonstrated the applicability of the attorney-client privilege to the information at issue. According, the county attorney's office may withhold the responsive information under section 552.107(1) of the Government Code."
Your ruling was in direct response to a request (below) for a ruling from your state agency by Assistant Travis County Attorney Matthew Entsminger.
My public-information request to the Travis County Attorney's Office that included those documents in the scope of that request was officially received by that county-government agency in Austin on July 15, 2021.
My July 14-dated e-mailed information request had sought "a copy of any and all e-mail communications and other written communications, and any and all phone messages, that were generated or received or written or sent or forwarded or FAXed at any time since 9 a.m. January 1, 2021, by Travis County Attorney Delia Garza or any other attorney or administrator or other staff member in the Travis County Attorney's Office, and that, in each such case, referred at least once in any manner to myself, John Kevin McMillan of Austin.
Excluded from the scope of this public-information request are any and all written communications that were specifically e-mailed to the Travis County Attorney's Office directly by myself."
Assistant Attorney General Kesling, I would like to respectfully point out that your official legal ruling does not make any direct reference to legal consultation of the County Attorney's Office in Austin by officials and staff members of any government office other than the County Attorney's Office.
However, the August 12, 2021-dated legal letter (below) to the OAG from Assistant County Attorney Entsminger clearly stated that there three additional county-government offices----the County Auditor's Office, the County Judge's Office, and the District Attorney's Office---that in calendar year 2021 have each consulted the Travis County Attorney's Office in regard to me.
The August 12 letter to your state agency from Travis County Assistant County Attorney Matthew Entsminger had specifically stated the following: "The responsive emails consist of communications between TCAO attorneys and administrative staff, as well as with employees and officials of other Travis County offices.(footnote) 3. (Footnote) 3 The privileged parties to the communications are as follows: Sherine Thomas, Ann-Marie Sheely, Michelle Case, and Matthew Entsminger, attorneys, and Ramiro Gonzalez, paralegal, of the TCAO; Patti Smith of the Travis County Auditor’s Office; Travis County Judge Andy Brown; and Sara Guerra Winn, Efrain De la fuente, and Ashley Zamarron of the Travis County District Attorney’s Office."
I hope this follow-up letter proves to be pertinent for yourself and your Office of the Attorney General of Texas state agency colleagues.
Incidentally, I have found a variety of spellings online for the legal name of the very honorable Travis County Assistant District Attorney Efrain De la fuente. The State Bar of Texas state-government agency here in Austin cites his official name as "Efrain Delafuente". However, the legal letter to your state agency from Assistant County Attorney Entsminger spelled that Assistant District Attorney's name as "Efrain De la fuente". I have also found other online spellings, including "Efrain De La Fuente" as cited online by the Austin Bar Association, for that very distinguished public-law attorney.
Thank you again, Assistant Attorney General Kesling, for the three-page copy of your ruling that you mailed to me by U.S. Postal Service in an official Attorney General of Texas envelope. I received that copy from you yesterday in my apartment-management-team-provided mailbox for my individual apartment unit at Pebble Creek Apartments in northeast Austin.
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, Bldg. 17, Apt. 2418, Austin, TX 78753.
My home phone: (512) 342-2295. My cell phone: (512) 993-7305.
John Kevin McMillan
----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Austin Police Dept. Asst. Chief Troy Gay <troy.gay@austintexas.gov>; APD Acting Chief Joseph Chacon 2021 <joseph.chacon@austintexas.gov>; kurtis.krause@austintexas.gov <kurtis.krause@austintexas.gov>; City Auditor of Austin <austinauditor@austintexas.gov>; Patricia <patricia.cruz@austintexas.gov>; christopher.keen@austintexas.gov <christopher.keen@austintexas.gov>; William Costello <william.costello@austintexas.gov>; Fbinaa Info <info@fbinaa.org>; Texas Rangers (2015) <rangers@dps.texas.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Austin Homeland Security/Emergency 2021 <hsemcommunications@austintexas.gov>; The White House Attn Pres. Biden <engagement@ostp.eop.gov>; Humantrafficking <humantrafficking@oag.texas.gov>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; takebackhope@tlsc.org <takebackhope@tlsc.org>; brent.dupre@texasattorneygeneral.gov <brent.dupre@texasattorneygeneral.gov>; Josh Reno <josh.reno@texasattorneygeneral.gov>; Rey Arellano <rey.arellano@austintexas.gov>; DOJ Sexual Harassment in Housing Initiative (CRT) <sexualharassment.inhousing@usdoj.gov>; Office for Victims of Crime U.S. Justice Dept. <ttac@ovcttac.org>; icehumantrafficking.helpdesk@dhs.gov <icehumantrafficking.helpdesk@dhs.gov>; elder.justice@usdoj.gov <elder.justice@usdoj.gov>; Texas anti-crime Fusion Center 2021 <txfc@dps.texas.gov>; txjcic@dps.texas.gov <txjcic@dps.texas.gov>; Austin Regional Crime and Terrorism Intelligence Center <aric@austintexas.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; District 4 <district4@austintexas.gov>; Senator Sarah Eckhardt Constituent Assistance <district14.eckhardt@senate.texas.gov>; State Senator Sarah Eckhardt 2020 <sarah.eckhardt@senate.texas.gov>; Senator Sarah Eckhardt Public Policy <andromeda.roberts@senate.texas.gov>; David Spiller <david.spiller@house.texas.gov>; Drew Springer <drew.springer@senate.texas.gov>; Samantha Lopez <samantha.lopez@house.texas.gov>; Mallory Hart <mallory.hart@house.texas.gov>; Robert Kepple <robert.kepple@tdcaa.com>; Shawn Dick <shawn.dick@wilco.org>; Hays County Attorney Mark Kennedy <mark.kennedy@co.hays.tx.us>; dee.hobbs@wilco.org <dee.hobbs@wilco.org>; Rep. Sheryl Cole (2019 CentralTX) <sheryl.cole@house.texas.gov>; Gina Hinojosa <gina.hinojosa@house.texas.gov>; State Rep. Eddie Rodriguez (Austin area) <eddie.rodriguez@house.texas.gov>; Rep. Erin Zwiener (2019CentralTX) <erin.zwiener@house.texas.gov>; Rep. Vikki Goodwin (2019CentralTX) <vikki.goodwin@house.texas.gov>; The Texas Tribune <community@texastribune.org>; Texas Observer Editors <editors@texasobserver.org>; NYT News Tips <nytnews@nytimes.com>; Hernandez Sally [TCSO] <sally.hernandez@traviscountytx.gov>; Texas Lt. Gov Dan Patrick <dan.patrick@ltgov.texas.gov>; TXGov Child Sex Trafficking Team 2020 <cstt@gov.texas.gov>; Austin Board of Realtors-Govt. Relations <government@abor.com>; publicrecords@gov.texas.gov <publicrecords@gov.texas.gov>; kieran.hillis@gov.texas.gov <kieran.hillis@gov.texas.gov>; Council Member Mackenzie Kelly (2021) <district6@austintexas.gov>; Austin City Council Member Ann Kitchen (2016) <district5@austintexas.gov>; Austin City Council Member Paige Ellis (2021) <district8@austintexas.gov>; Austin City Council Member Alter (2021) <district10@austintexas.gov>; District 7 <district7@austintexas.gov>; district9@austintexas.gov <district9@austintexas.gov>; District 1 <district1@austintexas.gov>; District 2 <district2@austintexas.gov>; District 3 <district3@austintexas.gov>; Trustees <trustees@austinisd.org>; Austin Independent School District <webmaster@austinisd.org>; public.information@texasattorneygeneral.gov <public.information@texasattorneygeneral.gov>; Texas City Attorneys Assoc. Dir. 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Utah Coalition Against Sexual Assault 2021 <info@ucasa.org>; steven.mccraw@dps.texas.gov <steven.mccraw@dps.texas.gov>; tracy.martinez@dps.texas.gov <tracy.martinez@dps.texas.gov>; ogc.webmaster@dps.texas.gov <ogc.webmaster@dps.texas.gov>; CID <cid@cpa.texas.gov>; auditor@sao.texas.gov <auditor@sao.texas.gov>; Sao Texas Webmaster <webmaster@sao.texas.gov>; Sheriffs' Association of TX 2021 <info@txsheriffs.org>; National Sheriffs' Association 2021 <patrickroyal@sheriffs.org>; SCOTT ONEILL <scott.oneill@nypd.org>; Los Angeles County (CA) District Attorney <webmail@da.lacounty.gov>; Harris County Medical Society 2021 <webadmin@hcms.org>; kpwatson@uh.edu <kpwatson@uh.edu>; Saundra Ragona <ssragona@gmail.com>; p139@traviscountydemocrats.org <p139@traviscountydemocrats.org>; Traviscountydemocrats Info <info@traviscountydemocrats.org>; Texas Municipal League (2016) <exec@tml.org>; Texas Municipal Police Association 2021 <info@tmpa.org>; Texaspoliceassociation Info <info@texaspoliceassociation.com>; 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Sent: Thursday, August 12, 2021, 11:27:38 PM CDT
Subject: 8-12-21: TC Atty cites 'atty-client privilege', seeks official OAG OK to withhold docs from me
DELIA GARZA
COUNTY ATTORNEY TRANSACTIONS DIVISION
ANN-MARIE SHEELY, DIRECTOR
BARBARA J. WILSON
JENNIFER KRABER
C.J. BRANDT, JR.
JAMES D. NICKELL
MATTHEW R. ENTSMINGER
LUCIO A. DEL TORO
FIRST ASSISTANT D. MICHELLE CASE
SHERINE E. THOMAS
EXECUTIVE COUNTY ATTORNEY
314 W. 11th STREET
GRANGER BLDG.,
5th FLOOR
AUSTIN, TEXAS 78701
P. O. BOX 1748
AUSTIN, TEXAS 78767
(512) 854-9513
FAX: (512) 854-4808
August 12, 2021
Via U.S. Mail
Mr. Justin Gordon, Division Chief
Office of the Attorney General of Texas---Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548
Re: Request from John Kevin McMillan received on July 15, 2021 ((footnote)1)—Request for Ruling and Supplemental Brief
((footnote) 1 The original request was submitted by email on Wednesday, July 14, 2021, after business hours. Accordingly, the request is considered received on that day. Further, three additional follow up emails were sent by requestor on Thursday, July 15, 2021, again on Wednesday, July 28, 2021, and again on Thursday, July 29, 2021. The follow up emails have been included for your review. Additionally, pursuant to guidelines issued by the Texas Attorney General’s Office, the calculation of a governmental body’s 10- and 15-business day deadlines for responding to requests under the Public Information Act does not include any calendar days upon which a governmental body’s administrative offices are closed or operating with only a skeleton crew, or the governmental body’s records cannot be accessed because its staff is either working remotely or is directly involved in the public health or epidemic response. On March 13, 2020, the Governor declared a state of disaster in Texas due to COVID-19. On March 24, 2020, Travis County Judge Sarah Eckhardt signed a shelter-in-place order for Travis County. In response to these pronouncements, the employees of TCAO that are responsible for responding to PIA requests have been assigned to work remotely, with limited access to County records. Consequently, TCAO’s ability to respond to PIA requests has been delayed.)
Dear Mr. Gordon:
Pursuant to the Texas Public Information Act (“PIA”), the Travis County Attorney’s Office (“TCAO”) received a written request for records of all communications from January 1, 2021 to present containing a reference to the requestor, excluding those sent by the requestor himself.(footnote) 2
(footnote) 2 The requestor’s correspondence also contains a number of questions concerning the County Attorney’s knowledge of various alleged incidents. A governmental body is not required to answer questions in response to a request for records under the PIA; regardless, TCAO has no additional records that are responsive to these inquiries.
TCAO has determined the responsive information is excepted from required disclosure under Government Code section 552.107.
Accordingly, we request an Attorney General decision on the matter as required by section 552.301 of the Government Code. Our written comments stating the reason the raised exception applies are set out below. A representative sample of the responsive information is enclosed.
By copy of this letter we are informing the requestor that TCAO intends to withhold the responsive information and has asked for a decision from the Attorney General.
The responsive information contains attorney-client communications excepted from disclosure by Government Code section 552.107 and Texas Rule of Evidence 503. Government Code section 552.107(1) protects information covered by the attorney-client privilege.
When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue. Open Records Decision No. 676 at 6–7 (2002). First, a governmental body must demonstrate that the information constitutes or documents a communication. Id. at 7. Second, the communication must have been made “for the purpose of facilitating the rendition of professional legal services” to the client governmental body. Tex. R. Evid. 503(b)(1). The privilege does not apply when an attorney or representative is involved in some capacity other than that of providing or facilitating professional legal services to the client governmental body. In re Texas Farmers Ins. Exch., 990 S.W.2d 337, 340 (Tex. App.—Texarkana 1999, orig. proceeding) (attorney-client privilege does not apply if attorney acting in a capacity other than that of attorney).
Thus, a governmental body must inform your office of the identities and capacities of the individuals to whom each communication at issue has been made. Lastly, the attorney-client privilege applies only to a confidential communication, id. 503(b)(1), meaning it was “not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.” Id. 503(a)(5). Whether a communication meets this definition depends on the intent of the parties involved at the time the information was communicated. Osborne v. Johnson, 954 S.W.2d 180, 184 (Tex. App.—Waco 1997, no writ). Moreover, because the client may elect to waive the privilege at any time, a governmental body must explain that the confidentiality of a communication has been maintained. Section 552.107(1) generally excepts an entire communication that is demonstrated to be protected by the attorney-client privilege unless otherwise waived by the governmental body. See Huie v. DeShazo, 922 S.W.2d 920, 923 (Tex. 1996) (privilege extends to entire communication, including facts contained therein).
The responsive emails consist of communications between TCAO attorneys and administrative staff, as well as with employees and officials of other Travis County offices.(footnote) 3. (Footnote) 3 The privileged parties to the communications are as follows: Sherine Thomas, Ann-Marie Sheely, Michelle Case, and Matthew Entsminger, attorneys, and Ramiro Gonzalez, paralegal, of the TCAO; Patti Smith of the Travis County Auditor’s Office; Travis County Judge Andy Brown; and Sara Guerra Winn, Efrain De la fuente, and Ashley Zamarron of the Travis County District Attorney’s Office.
These communications were made for the purpose of rendering professional legal services and advice to Travis County officials and employees; specifically, the communications document TCAO attorneys providing legal assistance to Travis County offices in responding to public records requests previously submitted by the requestor. These communications were intended to be kept confidential and that confidentiality has been maintained. Accordingly, TCAO asserts these communications are protected by the attorney-client privilege and may be withheld under Government Code section 552.107.
In conclusion, we request your determination as to whether the responsive information may be withheld from the requestor. If you have any questions, please contact me at (512) 854-9642, or by e-mail at matthew.entsminger@traviscountytx.gov.
Sincerely,
Matthew Entsminger
Assistant County Attorney
Encl. Request for information; representative sample
c: John Kevin McMillan
8805 North Plaza Drive, Apt. 2418 Austin, Texas 78753
(via email at: mcmillanj@att.net, without enclosures)
____________________________________________________
John Kevin McMillan
----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
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Office) <hrwdc@hrw.org>; Federal Trade Commission D.C. <webmaster@ftc.gov>; FederalCommunicationsCommission <fccinfo@fcc.gov>; U.S. Dept of Commerce Civil Rights Div Officials <webmaster@doc.gov>; Editor Hill <editor@hillcountrynews.com>; U.S. Department of Education Texas Civil Rights Office (Dallas) <ocr.dallas@ed.gov>; Civil Rights Office Texas Health Human Services Commission <hhscivilrightsoffice@hhsc.state.tx.us>; Austin Public Health Dept. 2021 <health@austintexas.gov>; Ombudsman Texas Dept. of State Health Services <customer.service@dshs.state.tx.us>; TRA General Counsel Kenneth Besserman <kbesserman@tramail.org>; Rfmaonline Info <info@rfmaonline.com>; DFPS Office Of Consumer Relations <ocr@dfps.state.tx.us>; Open Records Investigator Harvey <jesse.harvey@texasattorneygeneral.gov>; IGR <igr@traviscountytx.gov>; Patrick B Howard <patrickb.howard@traviscountytx.gov>; kurtis.krause@austintexas.gov <kurtis.krause@austintexas.gov>; letter@globe.com <letter@globe.com>; info@klru.org <info@klru.org>; Texas Crime Prevention Asssociation President <president@tcpa.org>; txjcic@dps.texas.gov <txjcic@dps.texas.gov>; Texas anti-crime Fusion Center 2021 <txfc@dps.texas.gov>; tracy.martinez@dps.texas.gov <tracy.martinez@dps.texas.gov>; info@aclutx.org <info@aclutx.org>; ABA Commission on Disability 2020 <amy.allbright@americanbar.org>; Jason Laduque <jason.laduque@austintexas.gov>; Michael Eveleth <michael.eveleth@austintexas.gov>; U.S. Representative Michael McCaul <emailmccaul@mail.house.gov>; press@txdemocrats.org <press@txdemocrats.org>; info@traviscountydemocrats.org <info@traviscountydemocrats.org>; Rape Abuse and Incest National Network <info@rainn.org>; Office for Victims of Crime U.S. Justice Dept. <ttac@ovcttac.org>; Brigid Shea <brigid.shea@traviscountytx.gov>; Christopher <christopher.keen@austintexas.gov>; james.turner@austintexas.gov <james.turner@austintexas.gov>; TXGov Child Sex Trafficking Team 2020 <cstt@gov.texas.gov>; Austin Chronicle Editors <mail@austinchronicle.com>; Austin Homeland Security/Emergency 2021 <hsemcommunications@austintexas.gov>; National Human Trafficking Hotline <nhtrc@polarisproject.org>; editorial@progressive.org <editorial@progressive.org>; stot.dunphy@minneapolismn.gov <stot.dunphy@minneapolismn.gov>; ihia@ihia.org <ihia@ihia.org>; info@thenhia.org <info@thenhia.org>; jean.curtit@theiai.org <jean.curtit@theiai.org>; csfc@nsa.gov <csfc@nsa.gov>; eddie.rodriguez@house.texas.gov <eddie.rodriguez@house.texas.gov>; brie.franco@austintexas.gov <brie.franco@austintexas.gov>; webadmin@hcms.org <webadmin@hcms.org>; govt.relations@texasbar.com <govt.relations@texasbar.com>; sherri.fleming@traviscountytx.gov <sherri.fleming@traviscountytx.gov>; david.spiller@house.texas.gov <david.spiller@house.texas.gov>; jsmith@taccho.org <jsmith@taccho.org>; tacupaorganization@gmail.com <tacupaorganization@gmail.com>; kelley.shannon@foift.org <kelley.shannon@foift.org>; registration@tab.org <registration@tab.org>; nab@nab.org <nab@nab.org>; erin.zwiener@house.texas.gov <erin.zwiener@house.texas.gov>; randreucci@sunsetvalley.org <randreucci@sunsetvalley.org>; jsmith@pflugervilletx.gov <jsmith@pflugervilletx.gov>; drew.springer@senate.texas.gov <drew.springer@senate.texas.gov>; angela.paxton@senate.texas.gov <angela.paxton@senate.texas.gov>; joan.huffman@senate.texas.gov <joan.huffman@senate.texas.gov>; tips@buzzfeed.com <tips@buzzfeed.com>; heralded@miamiherald.com <heralded@miamiherald.com>; bmattson@naco.org <bmattson@naco.org>
Sent: Thursday, July 29, 2021, 09:56:12 PM CDT
Subject: Re: [CAUTION EXTERNAL] 7-14-21 PIR re: Travis County Attorney's Office and me - McMillan, J. K. (TCAO)
July 29, 2021
Dear Austin, Texas-based Travis County Attorney's Office Paralegal and Open Records Coordinator Ramiro "Ram" Gonzalez,
Thank you for your reply letter (below) to me today. Your reply letter confirmed that you have received my July 14, 2021-dated Open Records request (below), along with an additional e-mail letter from me on July 15 that cited four specific additional questions for which I hope to obtain helpful information from your County Attorney's Office that is directly responsive to my July 14 Open Records request. Those additional questions are:
--Is Travis County Attorney Delia Garza aware that one member of the Austin Police Department, APD Senior Police Officer James Turner, then a member of the APD Crisis Intervention Team, in the spring of 2015 on his own initiative visited my apartment unit at that time at Wind River Crossing Apartments, 11411 Research Boulevard, and Officer Turner posed the following unexpected question to me inside my bedroom after I stated to him that I was moving out because my 12-month lease agreement for Apartment 325 at that complex had not been renewed by the apartment management team there: "Are you (John Kevin McMillan) moving out of County?" Wind River Crossing Apartments are situated in Travis County, Texas.
---Is County Attorney Garza aware that a former recent Travis County Judge, Bill Aleshire, around the turn of the century during a time period in which he was either enrolled as a law-school student or planned to enroll as a law-school student, submitted a written public-information request to Travis County Government that was focused on me?
---Is County Attorney Delia Garza aware that in 2005, I myself received a reply letter (directly below) from a very influential Travis County official, Judge Guy Herman, who presided over mental-health commitment proceedings, in which Judge Herman expressed concern to me about cited sleep deprivation that he believed I myself had apparently sustained on a repeated basis inside my rental-apartment unit at that time at Wind River Crossing Apartments along Research Boulevard in NW Austin. Judge Herman cited increased risk of damage to my own medical health and emotional health resulting from sleep deprivation and the frequency of my typing at a computer inside my apartment unit:
---Does County Attorney Delia Garza recall that in a prior also-influential elective position of hers as an Austin City Council member, she sent me several e-mail reply letters, including an e-mail reply (directly below) to a carbon-copy I had emailed to City Council Member Garza on a May 20, 2015, public-information request of mine focused on the Texas Department of Housing and Community Affairs state agency's Public Policy Division and me; and an e-mail reply letter (farther below) to a carbon-copy I had emailed to City Council Member Delia Garza on a November 10, 2015, public-information request of mine about the Austin Police Department's repeated refusal over a multi-year period to authorize in advance any of the numerous respective forensic DNA-swabs sexual-assault-evidence medical exams on me that I had specifically requested from APD in the time period ever since late 2011.
---Is County Attorney Garza aware that a former recent Travis County Judge, Bill Aleshire, around the turn of the century during a time period in which he was either enrolled as a law-school student or planned to enroll as a law-school student, submitted a written public-information request to Travis County Government that was focused on me?
---Is County Attorney Delia Garza aware that in 2005, I myself received a reply letter (directly below) from a very influential Travis County official, Judge Guy Herman, who presided over mental-health commitment proceedings, in which Judge Herman expressed concern to me about cited sleep deprivation that he believed I myself had apparently sustained on a repeated basis inside my rental-apartment unit at that time at Wind River Crossing Apartments along Research Boulevard in NW Austin. Judge Herman cited increased risk of damage to my own medical health and emotional health resulting from sleep deprivation and the frequency of my typing at a computer inside my apartment unit:
---Does County Attorney Delia Garza recall that in a prior also-influential elective position of hers as an Austin City Council member, she sent me several e-mail reply letters, including an e-mail reply (directly below) to a carbon-copy I had emailed to City Council Member Garza on a May 20, 2015, public-information request of mine focused on the Texas Department of Housing and Community Affairs state agency's Public Policy Division and me; and an e-mail reply letter (farther below) to a carbon-copy I had emailed to City Council Member Delia Garza on a November 10, 2015, public-information request of mine about the Austin Police Department's repeated refusal over a multi-year period to authorize in advance any of the numerous respective forensic DNA-swabs sexual-assault-evidence medical exams on me that I had specifically requested from APD in the time period ever since late 2011.
I will look forward to receiving from you any and all responsive legal documents that are responsive to my July 14-dated Open Records Request.
Best Wishes,
John Kevin McMillan, public-information requestor.
Home address: Pebble Creek Apartments, 8805 North Plaza Drive, Bldg. 17, Apt. 2418, Austin, TX 78753.
_______
On Thursday, July 29, 2021, 09:26:56 AM CDT, TCA Open Records <open.recordsca@traviscountytx.gov> wrote:
Dear Mr. McMillan,
This email is to acknowledge receipt of your request to the Travis County Attorney’s Office and your two follow up emails (see attached), and to provide the following notice:
Please be aware that the processing and fulfillment of public records requests may be delayed due to the modified operations that have been adopted as part of the County’s response to the COVID-19 pandemic. Pursuant to guidelines issued by the Texas Attorney General’s Office, the calculation of “business days” for responding to requests under the Public Information Act does not include any calendar days upon which a governmental body has closed its physical offices for purposes of a public health or epidemic response or is unable to access its records, even if staff continues to work remotely or staff is present but involved directly in the public health or epidemic response. Please see the Attorney General’s website for more information:
https://www.texasattorneygeneral.gov/open-government/governmental-bodies/catastrophe-notice/update-calculation-business-days-and-covid-19.
Respectfully,
Ramiro “Ram” Gonzalez
Paralegal
Travis County Attorney’s Office
(512) 854-6470
-----Original Message-----
From: John McMillan <mcmillanj@att.net>
Sent: Wednesday, July 14, 2021 11:49 PM
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Sheryl Cole (2019 CentralTX) <sheryl.cole@house.texas.gov>; City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Rey Arellano <rey.arellano@austintexas.gov>; alta.ochiltree@austintexas.gov; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; District 4 <district4@austintexas.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; Quincy (MA) Mayor Thomas Koch 2021 <mayorkoch@quincyma.gov>; Quincy (MA) City Attorney James Timmins (2016) <jtimmins@quincy.ma.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Jeffrey Travillion <Jeffrey.Travillion@traviscountytx.gov>; brent.dupre@texasattorneygeneral.gov; Josh Reno <josh.reno@texasattorneygeneral.gov>; elder.justice@usdoj.gov; takebackhope@tlsc.org; The White House Attn Pres. Biden <engagement@ostp.eop.gov>; Humantrafficking <humantrafficking@oag.texas.gov>; DOJ Sexual Harassment in Housing Initiative (CRT) <sexualharassment.inhousing@usdoj.gov>; icehumantrafficking.helpdesk@dhs.gov; U.S. Dept. of Housing and Urban Devlpt (TX regional office) <tx_webmanager@hud.gov>; City of Austin EEOC/Fair Housing Administrator Enrique Serrano <enrique.serrano@austintexas.gov>; Noise Pollution Clearinghouse 2021 <npc@nonoise.org>; ethics@trynova.org; Center for Ethics and Public Integrity (NAAG 2016) <aely@naag.org>; U Mass. 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Lloyd Doggett (2015) <lloyd.doggett@mail.house.gov>; jacob_chamblin@cruz.senate.gov; patricia.dourenane@austintexas.gov; OGC Open Records <ogcopenrecords@tdcj.texas.gov>; news@dailytexanonline.com; Daily Texan Alumni Association (2016) <friendsofthetexan@gmail.com>; KXAN TV News Investigations <reportit@kxan.com>; nytnews@nytimes.com; WashingtonPostLettersEditor <letters@washpost.com>; Houston Chronicle Letters to the Editor <viewpoints@chron.com>; news@texasmonthly.com; DMN Austin Bureau Reporter Robert Garrett <rtgarrett@dallasnews.com>; james.mason@austintexas.gov; Rep. James Talarico (2019 Central TX) <james.talarico@house.texas.gov>; Gina Hinojosa <gina.hinojosa@house.texas.gov>; Trustees <trustees@austinisd.org>; UT-Austin Media Ethics Professor Robert Jensen <rjensen@austin.utexas.edu>; president@utexas.edu; Austin Crime Commission 2020 <info@austincrime.org>; ACC Criminal Justice Dept. Chair Gerald Hildebrand <gwhil@austincc.edu>; ACC President Richard Rhodes <rrhodes@austincc.edu>; Austin Regional Crime and Terrorism Intelligence Center <aric@austintexas.gov>; Amnesty International UT-Austin Chapter <texasamnesty@gmail.com>; HumanRightsWatchOfficials(D.C. Office) <hrwdc@hrw.org>; Federal Trade Commission D.C. <webmaster@ftc.gov>; FederalCommunicationsCommission <fccinfo@fcc.gov>; U.S. Dept of Commerce Civil Rights Div Officials <webmaster@doc.gov>; Editor Hill <editor@hillcountrynews.com>; U.S. Department of Education Texas Civil Rights Office (Dallas) <ocr.dallas@ed.gov>; Civil Rights Office Texas Health Human Services Commission <hhscivilrightsoffice@hhsc.state.tx.us>; Austin Public Health Dept. 2021 <health@austintexas.gov>; Ombudsman Texas Dept. of State Health Services <customer.service@dshs.state.tx.us>; TRA General Counsel Kenneth Besserman <kbesserman@tramail.org>; Rfmaonline Info <info@rfmaonline.com>; DFPS Office Of Consumer Relations <ocr@dfps.state.tx.us>; Open Records Investigator Harvey <jesse.harvey@texasattorneygeneral.gov>; IGR <IGR@traviscountytx.gov>; Patrick B Howard <PatrickB.Howard@traviscountytx.gov>; kurtis.krause@austintexas.gov; letter@globe.com; info@klru.org; Texas Crime Prevention Asssociation President <president@tcpa.org>; txjcic@dps.texas.gov; Texas anti-crime Fusion Center 2021 <txfc@dps.texas.gov>; tracy.martinez@dps.texas.gov; info@aclutx.org; ABA Commission on Disability 2020 <amy.allbright@americanbar.org>; Jason Laduque <jason.laduque@austintexas.gov>; Michael Eveleth <michael.eveleth@austintexas.gov>; U.S. Representative Michael McCaul <emailmccaul@mail.house.gov>; press@txdemocrats.org; info@traviscountydemocrats.org; Rape Abuse and Incest National Network <info@rainn.org>; Office for Victims of Crime U.S. Justice Dept. <ttac@ovcttac.org>; Brigid Shea <Brigid.Shea@traviscountytx.gov>; Keen, Christopher <christopher.keen@austintexas.gov>
Subject: [CAUTION EXTERNAL] 7-14-21 PIR re: Travis County Attorney's Office and me
CAUTION: This email is from OUTSIDE Travis County. Links or attachments may be dangerous. Click the Phish Alert button above if you think this email is malicious.
________________________________
To: Open Records Division,
Travis County Attorney’s Office
5th Floor Reception Desk,
314 W. 11th Street,
Granger Building,
Austin, Texas 78701
FAX: 512-854-4808
July 14, 2021
Dear Open Records Coordinator for the Travis County Attorney's Office,
This is a public-information request in which I seek to obtain from you a copy of any and all e-mail communications and other written communications, and any and all phone messages, that were generated or received or written or sent or forwarded or FAXed at any time since 9 a.m. January 1, 2021, by Travis County Attorney Delia Garza or any other attorney or administrator or other staff member in the Travis County Attorney's Office, and that, in each such case, referred at least once in any manner to myself, John Kevin McMillan of Austin.
Excluded from the scope of this public-information request are any and all written communications that were specifically e-mailed to the Travis County Attorney's Office directly by myself.
My legal name is John Kevin McMillan. I was born on April 27, 1957, in Lincoln, Nebraska.
I have resided alone on a continuous and uninterrupted basis ever since June 21, 2019, as the only management-team-approved official tenant and only management-team-approved occupant in Apt. 2418 of Building 17 at Pebble Creek Apartments, 8805 North Plaza Drive, in northeast Austin.
I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997. I have been gainfully employed on a continuous basis in the restaurant industry in the Austin area ever since April 27, 2002.
I am a very recent criminal-law complainant with the Austin Police Department in APD Alleged Home-Invasion Crimes and Alleged Sex-Crimes Case 21-0830533, an APD crime case that was activated by APD on March 24, 2021. The first-rate investigator assigned to that case was APD Sex Crimes Unit Detective William Costello, who has stated to me in recent weeks that if I can provide him with one total surveillance-camera photo of ANY person other than me who is situated inside my current efficiency rental-apartment unit at nighttime, APD Detective Costello will immediately authorize for me a forensic DNA-swabs sexual-assault-evidence medical exam on myself at that time.
Among the questions for which I hope to elicit insights through this public-information request are:
---Is County Attorney Garza aware of any noteworthy violation of the law by any person or group of persons or business entity or government-owned entity in Travis County that also violated my own legal rights in any way?
---Is County Attorney Garza aware that several years ago, then-Travis County Judge Sarah Eckhardt, Travis County Commissioner Brigid Shea, and then-Travis County Commissioner Gerald Daugherty, respectively, each submitted separate requests to the Travis County Attorney's Office (under then-County Attorney David Escamilla) that the County seek a ruling from the Attorney General of Texas on behalf of themselves for official permission to withhold from me recent legal documents referring to consultation of an attorney by County Judge Eckhardt, County Commissioner Shea, and County Commissioner Daugherty, in a context that specifically referred to me.
---Has County Attorney Garza, a former member of the Austin City Council, had any communications with the City of Austin that referred to me in any way?
---Is County Attorney Garza aware that I myself never received any written response to a public-information request I wrote and submitted by e-mail in the last year or two to State Representative Eddie Rodriguez of Austin?
---Is County Attorney Garza aware that I myself am gainfully employed, psychologically healthy, and law-abiding, and that I hold full power of attorney legal authority on my own behalf?
---Is County Attorney Garza aware of any stalking-related anonymous communications or other anonymous communications to which I myself have been subjected on a 24-hour-a-day and year-round basis in Travis County, Texas, that no other resident of Travis County has been subjected to on a 24-hour-a-day and year-round basis?
---Is County Attorney Garza aware that a male Boston-area private attorney in Massachusetts volunteered to me on the telephone earlier this century, during a phone call I made to his law office from my apartment unit in northwest Austin, that I myself, John Kevin McMillan of Austin, Texas, might have been subjected in the mid-1980s to a federally-sponsored "thought control project" that I myself had not requested or authorized, and that appeared to have been flagrantly illegal, in the view of that Massachusetts-based attorney, who did not cite any particular year to me when the alleged federally-sponsored thought-control project imposed on me without my consent did in fact end.
---Has County Attorney Garza had any communications with the City Attorney (City Solicitor) for Quincy, Massachusetts, James Timmins, in regard to an e-mail letter to me from Mr. Timmins this century in which he thanked me in writing for informing him about a "pending claim" I myself might have at some future date against the City Government of Quincy that related to continuous background noise pollution and accompanying damage to my own hearing capacity and medical health I had been subjected to against my wishes in Quincy, Massachusetts, among other cities and counties as well where I had visited or resided.
---Is County Attorney Garza aware of any continuous 24-hour-a-day and year-round noise pollution injurious to my own hearing capacity and medical health in Travis County, Texas, that no other resident of Travis County is subjected to in that magnitude and frequency?
---Is County Attorney Garza aware of any defiance by or contempt expressed by any residents or visitors to Travis County in regard to my own legal right as a single adult Anglo-Saxon gentleman to lead a celibate life for myself?
---Is County Attorney Garza aware of any antipathy toward me in Travis County that relates to my being the founder and only currently approved member of a new and non-Christian honor-society religion with very stringent membership-eligibility requirements---the Progressive Prohibitionist Religion?
---Is County Attorney Garza aware that in the late 1990s, Mr. Delmar Cain, then the general counsel for Texas A&M University, wrote and signed a two-page memorandum---a copy of which I obtained through a public-information request earlier this century---in which Mr. Cain explored in writing whether he should file a legal complaint on my behalf that would put an end to "anonymous obscene communications" victimizing me in Travis County, Texas, that I had complained to Mr. Cain about in writing?
---Is County Attorney Garza aware that I myself have never been married to anyone, that I have specifically rejected numerous specific individuals from my own personal life and life, and that I am a single adult 64-year-old Anglo-Saxon gentleman of English, Scottish, and German ancestry?
---Is County Attorney Garza aware of frequent fraudulent communications to which I have been subjected on a daily and year-round basis in Travis County, Texas, that no other resident of Travis County has been subjected to on a daily and year-round basis?
---Is County Attorney Garza aware that a public-information request I submitted to the Travis County Sheriff's Office in the last several years resulted in my receiving an e-mail reply letter that contained a subject heading written by the local Sheriff's Office respondent that stated, "McMillan Rape"?
---Is County Attorney Garza aware that in August 2001, then-Travis County Civil Probate Division Director David Ferris volunteered to me from his county government office in downtown Austin: "There appears to be an attempt by numerous persons to drive you (John Kevin McMillan) out of the Austin area"?
---Does County Attorney Garza have any evidence that any level of government in Travis County or any government-affiliated or government-sponsored entity has attempted to "drive" me (John Kevin McMillan) out of either Travis County or the greater Austin area?
---Does County Attorney Garza believe that the City of Austin or Travis County Government or the State of Texas or the University of Texas at Austin or Austin Community College or Austin Independent School District or some individual or group of individuals have possibly had a role in the reported "attempt" (as cited to me by Mr. Ferris in 2001) to "drive" me out of the Austin area?
--Is County Attorney Garza aware that one prominent local business owner in Austin, John Schlueter of Austin, stated to me several times in recent years that he himself believes I should move away from the Austin area of Texas?
---Is County Attorney Garza aware that Jim Frazier, then a staff attorney for a former full-time employer of mine in Austin, the Texas Department of Criminal Justice state agency, volunteered to me earlier this century during a long-distance phone call I made to TDCJ headquarters in Huntsville, Texas, from my rental-apartment unit at Wind River Crossing Apartments in northwest Austin, and this is a near-exact quote of what he said to me: "It seems to me (TDCJ staff attorney Jim Frazier) that the people of Austin have not been friendly toward you, John! I (Mr. Frazier) recommend that you move to Huntsville, Texas, and purchase a home for yourself here in Huntsville".
I hope to hear from you soon.
Best Wishes,
John Kevin McMillan, public-information requestor.
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Office phone: (512) 993-7305....
________________________________
This electronic mail message, including any attachments, may be confidential or privileged under applicable law. This email is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient of this email, you are notified that any use, dissemination, distribution, copying, disclosure or any other action taken in relation to the content of this email including any attachments is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete the original and any copy of this email, including secure destruction of any printouts.
CAUTION: This email is from OUTSIDE Travis County. Links or attachments may be dangerous. Click the Phish Alert button above if you think this email is malicious.
________________________________
From: John Kevin McMillan, public-information requestor.
8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
Blog: https://urldefense.proofpoint.com/v2/url?u=http-3A__www.johnkevinmcmillan.blogspot.com&d=DwIFaQ&c=TjtWVPF8cdYj1jaCmcOWCvhA7Dw-i54lFAEiof1ZnAU&r=w0dwbmEh08ahn3EGXdRGfYMIoEF8awFMKKbtYZblk4JOo9guhRr1GJ28kiqvR72S&m=xsV_cLFBSwyU3kLiD7mRl8WrXPCfp8ZD-EsVMPLpsl8&s=uW24nFGgZbsQQ7hwycPjv_rDAjQg1RCp-YWaa0M8sAA&e=
July 15, 2021
Dear Open Records Coordinator for the Travis County Attorney's Office in Austin, Texas,
Please confirm for me in writing that you have, in fact, received the July 14, 2021, public-information request (last item, below) that I wrote and sent to you.
Among the additional questions for which I hope to glean insights from reviewing your official reply letter in response to my July 14 PIR are:
---Is Travis County Attorney Delia Garza aware that one member of the Austin Police Department, APD Senior Police Officer James Turner, then a member of the APD Crisis Intervention Team, in the spring of 2015 on his own initiative visited my apartment unit at that time at Wind River Crossing Apartments, 11411 Research Boulevard, and Officer Turner posed the following unexpected question to me inside my bedroom after I stated to him that I was moving out because my 12-month lease agreement for Apartment 325 at that complex had not been renewed by the apartment management team there: "Are you (John Kevin McMillan) moving out of County?" Wind River Crossing Apartments are situated in Travis County, Texas.
---Is County Attorney Garza aware that a former recent Travis County Judge, Bill Aleshire, around the turn of the century during a time period in which he was either enrolled as a law-school student or planned to enroll as a law-school student, submitted a written public-information request to Travis County Government that was focused on me?
---Is County Attorney Delia Garza aware that in 2005, I myself received a reply letter (directly below) from a very influential Travis County official, Judge Guy Herman, who presided over mental-health commitment proceedings, in which Judge Herman expressed concern to me about cited sleep deprivation that he believed I myself had apparently sustained on a repeated basis inside my rental-apartment unit at that time at Wind River Crossing Apartments along Research Boulevard in NW Austin. Judge Herman cited increased risk of damage to my own medical health and emotional health resulting from sleep deprivation and the frequency of my typing at a computer inside my apartment unit:
---- Original Message -----
From: "Guy Herman"
To:
Cc:
Sent: Sunday, June 05, 2005 9:53 AM
Subject: Re: Fw: Request for Information
Dear Mr. McMillan,
Again it is rather late for you to be up. I will attach my previous response to save you the time in going back and reading my last response.
The Travis County Clerk is the keeper of all mental health records and it is my understanding that the Clerk has ascertained, per your request, that there have been no mental health legal proceedings brought against you in Travis County since 1990. Since you did not ask the Clerk to search before 1990 so the Clerk had nothing to say about any earlier period before 1990.
I must say, though, that you seem to stay up too late as it is after midnight that you are sending this e-mail and the other three e-mails sent to me early this morning. I also notice from the numerous carbon copies of these e-mails and the trailers attached to them that you have quite a lengthy e-mail list. Staying up late and sending as many e-mails as you seem to be sending is not healthy, either menially (sic) or physically. You could get corporal tunnel syndrome from so much typing and staying up late generally means you are not getting enough sleep. Sending out an inordinate number of e-mails suggests there is too much stress in you (sic) life. Getting enough sleep leads to a productive work life. Having less stress in your life will also lead to a healthy lifestyle. A productive work life, lots of sleep, and a healthy lifestyle makes all of us feel better.
I am glad we could be of service and clear up your record or better yet, your lack of a record with the civil commitmen
______________
---Does County Attorney Delia Garza recall that in a prior also-influential elective position of hers as an Austin City Council member, she sent me several e-mail reply letters, including an e-mail reply (directly below) to a carbon-copy I had emailed to City Council Member Garza on a May 20, 2015, public-information request of mine focused on the Texas Department of Housing and Community Affairs state agency's Public Policy Division and me; and an e-mail reply letter (farther below) to a carbon-copy I had emailed to City Council Member Delia Garza on a November 10, 2015, public-information request of mine about the Austin Police Department's repeated refusal over a multi-year period to authorize in advance any of the numerous respective forensic DNA-swabs sexual-assault-evidence medical exams on me that I had specifically requested from APD in the time period ever since late 2011.
------- Forwarded Message -----
From: Garza, Delia <delia.garza@austintexas.gov>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Wednesday, May 20, 2015, 10:15:39 AM CDT
Subject: Automatic reply: 5-20-15 TDHCA Open Records re: Public Policy Division
Thank you for contacting my office. Many of you know that Ramiro and I are expecting our first child on May 19th. I will be on what we are referring to as "sorta" maternity leave through July 31st. If you need immediate assistance, please contact my staff at 512-978-2102.
I will continue to attend Council meetings when I can but will also do my best to rest and spend time with my new little family.
Thank you for your understanding.
Best,
Delia
________________________________
----- Forwarded Message ----------
From: Garza, Delia <delia.garza@austintexas.gov>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Tuesday, November 10, 2015, 04:00:00 PM CST
Subject: Automatic reply: 11-10-15 Open Records re: APD repeatedly refusing to authorize forensic exams on me
Thank you for your email. I am currently working out in the district to help with flood recovery efforts, please understand if we are a little slower to respond than usual. If you need immediate assistance from our office, please visit our table at the Dove Springs Recreation Center or call (512)978-2102.
For more inforamtion about resources available and how to help with the flood recovery, please visit: austintexas.gov/help. Thank you.
Best,
Delia Garza
Council Member District 2
_____________
I hope to hear from you soon in response to my July 14, 2021, public-information request (below) focused on the Travis County Attorney's Office and me. Please note that I have received at least one individualized reply letter in response to the PIR that I received from the Texas Department of Criminal Justice state agency (directly below). I have decided to also share that TDCJ reply letter with you, as a courtesy to your highly-regarded County Attorney's Office here in Austin.
Best Wishes,
John Kevin McMillan.
----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: Texas Association of College/Univ Police Administrators 2020 <tacupaorganization@gmail.com>; Texas Assoc. of City/County Health Officials 2021 <jsmith@taccho.org>; trustees@tacc.org <trustees@tacc.org>; ANGEL ROYAL <aroyal@aacc.nche.edu>; Time Magazine Editors <letters@time.com>; NBC Nightly News Headqrtrs 2016 <contact.nbcnews@nbcuni.com>; Politico 2021 <info@politico.com>; Aclum Info <info@aclum.org>; Mittromney Info <info@mittromney.com>; CID <cid@cpa.texas.gov>; auditor@sao.texas.gov <auditor@sao.texas.gov>; Sao Texas Webmaster <webmaster@sao.texas.gov>; Office for Victims of Crime, U.S. Justice Dept. <ttac@ovcttac.org>; connect@tceq.texas.gov <connect@tceq.texas.gov>; Travis County Criminal Justice/Public Safety Director <roger.jefferies@traviscountytx.gov>; TX School District Police Chiefs 2021 <dkimberly@kleinisd.net>; Texas Department of Insurance 2020 <mediarelations@tdi.texas.gov>; Center for Ethics and Public Integrity (NAAG, 2016) <aely@naag.org>; TXGov Child Sex Trafficking Team 2020 <cstt@gov.texas.gov>; Ethics in Government Center 2020 <ncslnet-admin@ncsl.org>; Democratic Governors Association <info@dga.net>; Republican Governors Association 2021 <info@rga.org>
Sent: Thursday, July 15, 2021, 08:56:05 AM CDT
Subject: Fw: 7-14-21 PIR re: Travis County Attorney's Office and me
FYI,
from John McMillan.
Sent from AT&T Yahoo Mail on Android
>
>
>
> ----- Forwarded Message -----
>
> From: "OGC Open Records" <ogcopenrecords@tdcj.texas.gov>
>
> To: "John McMillan" <mcmillanj@att.net>
> Cc: "OGC Open Records" <ogcopenrecords@tdcj.texas.gov>
> Sent: Thu, Jul 15, 2021 at 8:30 AM
>
> Subject: RE: 7-14-21 PIR re: Travis County Attorney's Office and me
>
> Good morning,
>
> This office does not accept public information requests. In accordance with Texas Government Code section 552.234, the TDCJ executive director designated Executive Services as the office authorized to receive public information requests. Requests may be submitted by e-mail, U.S. mail, or electronic submission as follows:
>
> * E-mail: PIA@tdcj.texas.gov
>
> * Mailing address:
> TDCJ Public Information Request
> PO Box 4017
> Huntsville, TX 77342
>
> * Website: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.tdcj.texas.gov_divisions_ogc_information-5Fact.php&d=DwIFaQ&c=TjtWVPF8cdYj1jaCmcOWCvhA7Dw-i54lFAEiof1ZnAU&r=w0dwbmEh08ahn3EGXdRGfYMIoEF8awFMKKbtYZblk4JOo9guhRr1GJ28kiqvR72S&m=xsV_cLFBSwyU3kLiD7mRl8WrXPCfp8ZD-EsVMPLpsl8&s=fgqmmR2iGAZ9tE3e6BH_QrsF9Tsf-5fcBLyQkLzTnB8&e=
>
> Thank you,
>
> Office of the General Counsel-TDCJ
> P: (936) 437-6700
>
>
> The information contained in this email and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email shall not be forwarded outside the Texas Department of Criminal Justice, Office of the General Counsel, without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.
>
> -ing links or opening attachments.
> If you believe this to be a malicious and/or phishing email, please contact the Information Security Office (ISO).
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
>
________________________________
From: John Kevin McMillan, public-information requestor.
8805 North Plaza Drive, Apt. 2418, Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
Blog: https://urldefense.proofpoint.com/v2/url?u=http-3A__www.johnkevinmcmillan.blogspot.com&d=DwIFaQ&c=TjtWVPF8cdYj1jaCmcOWCvhA7Dw-i54lFAEiof1ZnAU&r=w0dwbmEh08ahn3EGXdRGfYMIoEF8awFMKKbtYZblk4JOo9guhRr1GJ28kiqvR72S&m=xsV_cLFBSwyU3kLiD7mRl8WrXPCfp8ZD-EsVMPLpsl8&s=uW24nFGgZbsQQ7hwycPjv_rDAjQg1RCp-YWaa0M8sAA&e=
July 15, 2021
Dear Open Records Coordinator for the Travis County Attorney's Office in Austin, Texas,
Please confirm for me in writing that you have, in fact, received the July 14, 2021, public-information request (last item, below) that I wrote and sent to you.
Among the additional questions for which I hope to glean insights from reviewing your official reply letter in response to my July 14 PIR are:
---Is Travis County Attorney Delia Garza aware that one member of the Austin Police Department, APD Senior Police Officer James Turner, then a member of the APD Crisis Intervention Team, in the spring of 2015 on his own initiative visited my apartment unit at that time at Wind River Crossing Apartments, 11411 Research Boulevard, and Officer Turner posed the following unexpected question to me inside my bedroom after I stated to him that I was moving out because my 12-month lease agreement for Apartment 325 at that complex had not been renewed by the apartment management team there: "Are you (John Kevin McMillan) moving out of County?" Wind River Crossing Apartments are situated in Travis County, Texas.
---Is County Attorney Garza aware that a former recent Travis County Judge, Bill Aleshire, around the turn of the century during a time period in which he was either enrolled as a law-school student or planned to enroll as a law-school student, submitted a written public-information request to Travis County Government that was focused on me?
---Is County Attorney Delia Garza aware that in 2005, I myself received a reply letter (directly below) from a very influential Travis County official, Judge Guy Herman, who presided over mental-health commitment proceedings, in which Judge Herman expressed concern to me about cited sleep deprivation that he believed I myself had apparently sustained on a repeated basis inside my rental-apartment unit at that time at Wind River Crossing Apartments along Research Boulevard in NW Austin. Judge Herman cited increased risk of damage to my own medical health and emotional health resulting from sleep deprivation and the frequency of my typing at a computer inside my apartment unit:
---- Original Message -----
From: "Guy Herman"
To:
Cc:
Sent: Sunday, June 05, 2005 9:53 AM
Subject: Re: Fw: Request for Information
Dear Mr. McMillan,
Again it is rather late for you to be up. I will attach my previous response to save you the time in going back and reading my last response.
The Travis County Clerk is the keeper of all mental health records and it is my understanding that the Clerk has ascertained, per your request, that there have been no mental health legal proceedings brought against you in Travis County since 1990. Since you did not ask the Clerk to search before 1990 so the Clerk had nothing to say about any earlier period before 1990.
I must say, though, that you seem to stay up too late as it is after midnight that you are sending this e-mail and the other three e-mails sent to me early this morning. I also notice from the numerous carbon copies of these e-mails and the trailers attached to them that you have quite a lengthy e-mail list. Staying up late and sending as many e-mails as you seem to be sending is not healthy, either menially (sic) or physically. You could get corporal tunnel syndrome from so much typing and staying up late generally means you are not getting enough sleep. Sending out an inordinate number of e-mails suggests there is too much stress in you (sic) life. Getting enough sleep leads to a productive work life. Having less stress in your life will also lead to a healthy lifestyle. A productive work life, lots of sleep, and a healthy lifestyle makes all of us feel better.
I am glad we could be of service and clear up your record or better yet, your lack of a record with the civil commitmen
______________
---Does County Attorney Delia Garza recall that in a prior also-influential elective position of hers as an Austin City Council member, she sent me several e-mail reply letters, including an e-mail reply (directly below) to a carbon-copy I had emailed to City Council Member Garza on a May 20, 2015, public-information request of mine focused on the Texas Department of Housing and Community Affairs state agency's Public Policy Division and me; and an e-mail reply letter (farther below) to a carbon-copy I had emailed to City Council Member Delia Garza on a November 10, 2015, public-information request of mine about the Austin Police Department's repeated refusal over a multi-year period to authorize in advance any of the numerous respective forensic DNA-swabs sexual-assault-evidence medical exams on me that I had specifically requested from APD in the time period ever since late 2011.
------- Forwarded Message -----
From: Garza, Delia <delia.garza@austintexas.gov>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Wednesday, May 20, 2015, 10:15:39 AM CDT
Subject: Automatic reply: 5-20-15 TDHCA Open Records re: Public Policy Division
Thank you for contacting my office. Many of you know that Ramiro and I are expecting our first child on May 19th. I will be on what we are referring to as "sorta" maternity leave through July 31st. If you need immediate assistance, please contact my staff at 512-978-2102.
I will continue to attend Council meetings when I can but will also do my best to rest and spend time with my new little family.
Thank you for your understanding.
Best,
Delia
________________________________
----- Forwarded Message ----------
From: Garza, Delia <delia.garza@austintexas.gov>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Tuesday, November 10, 2015, 04:00:00 PM CST
Subject: Automatic reply: 11-10-15 Open Records re: APD repeatedly refusing to authorize forensic exams on me
Thank you for your email. I am currently working out in the district to help with flood recovery efforts, please understand if we are a little slower to respond than usual. If you need immediate assistance from our office, please visit our table at the Dove Springs Recreation Center or call (512)978-2102.
For more inforamtion about resources available and how to help with the flood recovery, please visit: austintexas.gov/help. Thank you.
Best,
Delia Garza
Council Member District 2
_____________
I hope to hear from you soon in response to my July 14, 2021, public-information request (below) focused on the Travis County Attorney's Office and me. Please note that I have received at least one individualized reply letter in response to the PIR that I received from the Texas Department of Criminal Justice state agency (directly below). I have decided to also share that TDCJ reply letter with you, as a courtesy to your highly-regarded County Attorney's Office here in Austin.
Best Wishes,
John Kevin McMillan.
----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: Texas Association of College/Univ Police Administrators 2020 <tacupaorganization@gmail.com>; Texas Assoc. of City/County Health Officials 2021 <jsmith@taccho.org>; trustees@tacc.org <trustees@tacc.org>; ANGEL ROYAL <aroyal@aacc.nche.edu>; Time Magazine Editors <letters@time.com>; NBC Nightly News Headqrtrs 2016 <contact.nbcnews@nbcuni.com>; Politico 2021 <info@politico.com>; Aclum Info <info@aclum.org>; Mittromney Info <info@mittromney.com>; CID <cid@cpa.texas.gov>; auditor@sao.texas.gov <auditor@sao.texas.gov>; Sao Texas Webmaster <webmaster@sao.texas.gov>; Office for Victims of Crime, U.S. Justice Dept. <ttac@ovcttac.org>; connect@tceq.texas.gov <connect@tceq.texas.gov>; Travis County Criminal Justice/Public Safety Director <roger.jefferies@traviscountytx.gov>; TX School District Police Chiefs 2021 <dkimberly@kleinisd.net>; Texas Department of Insurance 2020 <mediarelations@tdi.texas.gov>; Center for Ethics and Public Integrity (NAAG, 2016) <aely@naag.org>; TXGov Child Sex Trafficking Team 2020 <cstt@gov.texas.gov>; Ethics in Government Center 2020 <ncslnet-admin@ncsl.org>; Democratic Governors Association <info@dga.net>; Republican Governors Association 2021 <info@rga.org>
Sent: Thursday, July 15, 2021, 08:56:05 AM CDT
Subject: Fw: 7-14-21 PIR re: Travis County Attorney's Office and me
FYI,
from John McMillan.
Sent from AT&T Yahoo Mail on Android
>
>
>
> ----- Forwarded Message -----
>
> From: "OGC Open Records" <ogcopenrecords@tdcj.texas.gov>
>
> To: "John McMillan" <mcmillanj@att.net>
> Cc: "OGC Open Records" <ogcopenrecords@tdcj.texas.gov>
> Sent: Thu, Jul 15, 2021 at 8:30 AM
>
> Subject: RE: 7-14-21 PIR re: Travis County Attorney's Office and me
>
> Good morning,
>
> This office does not accept public information requests. In accordance with Texas Government Code section 552.234, the TDCJ executive director designated Executive Services as the office authorized to receive public information requests. Requests may be submitted by e-mail, U.S. mail, or electronic submission as follows:
>
> * E-mail: PIA@tdcj.texas.gov
>
> * Mailing address:
> TDCJ Public Information Request
> PO Box 4017
> Huntsville, TX 77342
>
> * Website: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.tdcj.texas.gov_divisions_ogc_information-5Fact.php&d=DwIFaQ&c=TjtWVPF8cdYj1jaCmcOWCvhA7Dw-i54lFAEiof1ZnAU&r=w0dwbmEh08ahn3EGXdRGfYMIoEF8awFMKKbtYZblk4JOo9guhRr1GJ28kiqvR72S&m=xsV_cLFBSwyU3kLiD7mRl8WrXPCfp8ZD-EsVMPLpsl8&s=fgqmmR2iGAZ9tE3e6BH_QrsF9Tsf-5fcBLyQkLzTnB8&e=
>
> Thank you,
>
> Office of the General Counsel-TDCJ
> P: (936) 437-6700
>
>
> The information contained in this email and any attachments is intended for the exclusive use of the addressee(s) and may contain confidential, privileged, or proprietary information. Any other use of these materials is strictly prohibited. This email shall not be forwarded outside the Texas Department of Criminal Justice, Office of the General Counsel, without the permission of the original sender. If you have received this material in error, please notify me immediately by telephone and destroy all electronic, paper, or other versions.
>
> -ing links or opening attachments.
> If you believe this to be a malicious and/or phishing email, please contact the Information Security Office (ISO).
> * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
>
>
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