----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: City of Austin City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Neal Falgoust <neal.falgoust@austintexas.gov>; zachary.brown@austintexas.gov <zachary.brown@austintexas.gov>; elaine.nicholson@austintexas.gov <elaine.nicholson@austintexas.gov>; cary.grace@austintexas.gov <cary.grace@austintexas.gov>; law.publicinformation@austintexas.gov <law.publicinformation@austintexas.gov>; Spencer Cronk <spencer.cronk@austintexas.gov>; Travis County District Attorney Rosemary Lehmberg <district.attorney@traviscountytx.gov>; henry.kellison@traviscountytx.gov <henry.kellison@traviscountytx.gov>; Texas Rangers (2015) <rangers@dps.texas.gov>; State Bar of Texas Govt. Relations <govt.relations@texasbar.com>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; District 4 <district4@austintexas.gov>; District 7 <district7@austintexas.gov>; District 1 <district1@austintexas.gov>; District 2 <district2@austintexas.gov>; District 3 <district3@austintexas.gov>; Austin City Council Member Ann Kitchen (2016) <district5@austintexas.gov>; Council Member Mackenzie Kelly (2021) <district6@austintexas.gov>; Austin City Council Member Paige Ellis (2021) <district8@austintexas.gov>; district9@austintexas.gov <district9@austintexas.gov>; Salt Lake County (UT) District Attorney 2022 <districtattorney@slco.org>; Austin City Council Member Alter (2021) <district10@austintexas.gov>; Texas Freedom of Info Fdn 2020 <kelley.shannon@foift.org>; Delia Garza <delia.garza@traviscountytx.gov>; Andy Brown <andy.brown@traviscountytx.gov>; StateRep.DonnaHoward <donna.howard@house.texas.gov>; Ann Howard <ann.howard@traviscountytx.gov>; brent.webster@texasattorneygeneral.gov <brent.webster@texasattorneygeneral.gov>; darrin.brumbaugh@texasattorneygeneral.gov <darrin.brumbaugh@texasattorneygeneral.gov>; grant.dorfman@texasattorneygeneral.gov <grant.dorfman@texasattorneygeneral.gov>; public.information@texaattorneygeneral.gov <public.information@texaattorneygeneral.gov>; Josh Reno <josh.reno@texasattorneygeneral.gov>; Texas Lt. Gov Dan Patrick <dan.patrick@ltgov.texas.gov>; Kieran Hillis <kieran.hillis@gov.texas.gov>; amanda.capps <amanda.capps@slcgov.com>; scott.stuck <scott.stuck@slcgov.com>; Fbinaa Info <info@fbinaa.org>; The White House Attn Pres. Biden <engagement@ostp.eop.gov>; Angela Romero <angelaromero@le.utah.gov>; Internships <internships@romney.senate.gov>; Joel_wellum <joel_wellum@lee.senate.gov>; liam.anderson <liam.anderson@mail.house.gov>; mark.coffield <mark.coffield@mail.house.gov>; andrew.cluff <andrew.cluff@slcgov.com>; Salt Lake City Mayor Erin Mendenhall 2021 <mayor@slcgov.com>; Erin Litvack <elitvack@slco.org>; County Council Member Bradshaw <arbradshaw@slco.org>; Salt Lake City (UT) City Council <council.comments@slcgov.com>; Fox News SLC 2022 <news@fox13now.com>; news@texasmonthly.com <news@texasmonthly.com>
Cc: newsmedia@ldschurch.org <newsmedia@ldschurch.org>; Deseret News 2022 <dnweb@deseretnews.com>; nytnews@nytimes.com <nytnews@nytimes.com>; WashingtonPostLettersEditor <letters@washpost.com>; Steven Rich <steven.rich@washpost.com>; Criminal Justice Journalists Board Member Rashbaum <rashbaum@nytimes.com>; ABA Center for Human Rights <humanrights@americanbar.org>; National Freedom of Information Coalition (2016) <nfoic@nfoic.org>; Miami Herald Letters to Editor <heralded@miamiherald.com>; Orlando Sentinel <customerservice@orlandosentinel.com>; U.S. Dept of Commerce Civil Rights Div Officials <webmaster@doc.gov>; CBS News '60 Minutes' Editors and Reporters <60m@cbsnews.com>; Shawn Dick <shawn.dick@wilco.org>; Federal Trade Commission D.C. <webmaster@ftc.gov>; Hernandez Sally [TCSO] <sally.hernandez@traviscountytx.gov>; NBC Nightly News Headqrtrs 2016 <contact.nbcnews@nbcuni.com>; George Pyle <gpyle@sltrib.com>; University of Utah Student Newspaper 2022 <press@chronicle.utah.edu>; Daily Texan Alumni Association (2016) <friendsofthetexan@gmail.com>; editors@dailytexanonline.com <editors@dailytexanonline.com>; releases@startribune.com <releases@startribune.com>; letters@statesman.com <letters@statesman.com>; Office Dallas (Cornyn) <dallas_office@cornyn.senate.gov>; United States Senate <webmaster@cornyn.senate.gov>; Moriarty Kate (Cornyn) <kate_moriarty@cornyn.senate.gov>; central_texas@cruz.senate.gov <central_texas@cruz.senate.gov>; Patricia <patricia.cruz@austintexas.gov>; APD Chief Joseph Chacon 2021 <joseph.chacon@austintexas.gov>; APD Officer James Turner <james.turner@austintexas.gov>; Jplumb <jplumb@le.utah.gov>; Joel Briscoe <jbriscoe@le.utah.gov>; Utah Lt. Gov. Deidre Henderson 2021 <beckiepage@utah.gov>; Los Angeles Times <newstips@latimes.com>; Liz Laurence <lalaurence@gmail.com>; Eric Jones <edj57@juno.com>; Bruce Garrison <bgarrison@metlife.com>; Jennifer A. DeCamp <jdecamp@mitre.org>; Time Magazine Editors <letters@time.com>; Murray Police Chief Craig Burnett <cburnett@murray.utah.gov>; Matt Bernstein Boston Globe (2016) <mbernstein@globe.com>; Letters <letters@seattletimes.com>; San Jose Mercury News Editors <webfeedback@mercurynews.com>; Mayor Wilson <mayor@slco.org>; Utah Republican Party <info@utgop.org>; Utah Public Radio 2022 <tom.williams@usu.edu>; Lelan Larroque <lelan.larroque@austintexas.gov>; William Costello <william.costello@austintexas.gov>; Christopher Keen <christopher.keen@austintexas.gov>; DOJ Sexual Harassment in Housing Initiative (CRT) <sexualharassment.inhousing@usdoj.gov>; ACC Criminal Justice Dept. Chair Gerald Hildebrand <gwhil@austincc.edu>; amelia.hilbert <amelia.hilbert@slcgov.com>; Utah Restaurant Association 2022 <info@utahrestaurantassociation.org>; news@ksl.com <news@ksl.com>; DenverPostEditors <newsroom@denverpost.com>; fcc.info@fcc.gov <fcc.info@fcc.gov>; FederalCommunicationsCommission <fccinfo@fcc.gov>; TDHCA state agency Board of Directors <terri.roeber@tdhca.state.tx.us>; UT_Webmanager <ut_webmanager@hud.gov>; drew.hadley@slcgov.com <drew.hadley@slcgov.com>; Humantrafficking <humantrafficking@oag.texas.gov>; Uag <uag@agutah.gov>; Travis County Commissioner Jeffrey Travillion (2017) <jeffrey.travillion@traviscountytx.gov>; Travis County Commissioner Brigid Shea <brigid.shea@traviscountytx.gov>; margaret.gomez@traviscountytx.gov <margaret.gomez@traviscountytx.gov>; Joe Dougherty (DHHS) <joedougherty@utah.gov>; joe.moody@house.texas.gov <joe.moody@house.texas.gov>; david.cook@house.texas.gov <david.cook@house.texas.gov>; lynn.stucky@house.texas.gov <lynn.stucky@house.texas.gov>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; Victoria Neave <victoria.neave@house.texas.gov>; jon.rosenthal@house.texas.gov <jon.rosenthal@house.texas.gov>; Trevor Glynn <trevor.scott.glynn@gmail.com>; Ruben Espinoza <ruben.espinoza@austintexas.gov>; joseph.chacon@austintexas.gov <joseph.chacon@austintexas.gov>; kurtis.krause@austintexas.gov <kurtis.krause@austintexas.gov>
Sent: Friday, February 10, 2023 at 01:41:41 AM CST
Subject: Fw: [Austin Public Records Center] :: C166664-012323
From: current public-information requestor and former Austin (TX) resident as well as former Texan resident John Kevin McMillan, 535 South 200 East, Apt. 912, Salt Lake City, UT 84111.
Dear City of Austin (TX) Law Department (also known as Austin City Attorney's Office) Public Information Requests (PIR) Team Members,
Thank you for your February 8, 2023, "no responsive documents" reply letter to me (last item below) in response to my January 23, 2023, online public information request (final item below) focused on your Austin City Attorney's Office and me throughout the time period from January 1, 2011, until January 23, 2023.
In your February 8 reply letter to me, you indicated that in regard to the applicable 12-year period from January 1, 2011, until January 23, 2023, your public law department for the state-capital city of Texas does not have any record of having written and sent any letter, e-mail letter, or other written communication to the Attorney General of Texas state agency in Austin in a context that referred to me or to a public information request from myself.
I respectfully question the accuracy of your February 8 reply letter to me.
Below, please note the following factual blog of mine that I posted at my personal online Google blogsite on June 14, 2020:
Sunday, June 14, 2020
CITY OF AUSTIN LAW DEPARTMENT SENDS ITS 13TH LEGAL LETTER IN THE MOST RECENT 8-YEAR PERIOD TO TEXAS ATTORNEY GENERAL PAXTON THAT SEEKS PERMISSION TO DENY ME ACCESS TO LEGAL DOCUMENTS ON FILE WITH THE CITY THAT EACH DIRECTLY REFER TO ME
I find it fascinating to note that the City Government of Austin (TX) Law Department this month has submitted yet another legal letter to the Attorney General of Texas --- at least the 13th such legal letter (see below for details) to the Attorney General from the most recent eight-year period that directly refers to me by name --- in which the City of Austin is once again seeking permission to withhold from me cited legal documents on file with the City that directly refer to me.
Here is a summary of the multi-year history of the City Attorney's Office in Austin, Texas, responding to public-information requests from me by seeking official permission from the Attorney General of Texas to withhold from me legal documents on file with the City Attorney's Office that each directly refer by name to myself, John Kevin McMillan of Austin, Texas:
JUNE 8, 2020:
Austin Assistant City Attorney Neal Falgoust on June 8, 2020, signs and mails to Texas Attorney General Ken Paxton a written request for official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, legal documents on file with the Austin-Travis County Emergency Medical Services Department that directly refer to me by name.
The cited ID number on my public-information request that was received by the City of Austin on May 22, 2020, is: C069056.
"The City believes the information at issue is excepted from required public disclosure under section 552.101 of the Government Code.
"This letter is a request for a determination under section 552.301 of the Government Code that the information at issue is so excepted. A copy of each request and a representative sample of the information at issue are enclosed. ...
"Section 552.101 of the Government Code excepts from public disclosure 'information considered to be confidential by law, either constitutional, statutory, or by judicial decision.'...", Assistant City Attorney Falgoust stated in his signed legal letter to the Attorney General of Texas.
DECEMBER 3, 2019:
Austin Assistant City Attorney Zachary Brown on December 3, 2019, signs and mails to Texas Attorney General Ken Paxton a signed two-page request for official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, legal documents on file with the City Attorney's Office for which Mr. Brown maintains in writing that their confidentiality is protected by attorney-client privilege.
In his December 3, 2019, legal letter to Attorney General Paxton, Assistant City Attorney Brown states: "The information at issue consists of e-mail communications between attorneys in the City's Law Department and City employees in their capacity as client representatives. These communications were made in order to facilitate the rendition of legal services to the City. These communications were intended to be confidential and have remained confidential. Accordingly, the City (maintains that it) may withhold the information under section 552.107(1) of the Government Code."
The City Attorney's Office's request for a decision from the Attorney General on this was in response to a public-information request of mine to the City Attorney's Office that was received by the City of Austin law department on November 15, 2019 (PIR Number X004560).
MAY 20, 2016:
On that date, Assistant City Attorney Elaine Nicholson of the City Attorney's Office in Austin, Texas, signs and sends an official legal letter to Texas Attorney General's Office that seeks official permission from that state agency to withhold from myself, public-information requestor John Kevin McMillan of Austin, cited legal documents on file with the City Attorney's Office at that time that directly refer to myself.
The cited reason for Ms. Nicholson's request: that the cited documents are protected from disclosure because they meet the criteria for "attorney-client privilege."
The cited legal documents contain communications directly referring to myself, Austin resident John Kevin McMillan, that reportedly involve attorneys in the City Attorney's Office and City of Austin employees in their capacities as clients seeking legal advice from those attorneys.
The City's request for an Open Records ruling from the Attorney General on this was prompted by a May 9, 2016-dated e-mail public-information request from myself---a request that was received by the City on May 10, 2016.
MARCH 1, 2016:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed three-page March 1, 2016-dated official legal letter to Texas Attorney General Ken Paxton, seeks written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas,"confidential communications between and amongst the Law Department and Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter dated Feb. 15, 2016, and officially received by the City of Austin on Feb. 16, 2016.
SEPTEMBER 8, 2015:
Assistant City Attorney Elaine Nicholson, in a signed three-page September 8, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The applicable E-mail public-information request from myself had been officially received by the City of Austin on August 24, 2015, after that written request was E-mailed to the City by myself on August 23, 2015.
JUNE 24, 2015:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed June 24, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on June 10, 2015.
MARCH 31, 2015:
City of Austin Law Department Assistant City Manager Elaine Nicholson, in a signed March 31, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst members of the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on March 17, 2015.
DECEMBER 29, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed December 29, 2014-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was a Dec. 13, 2014-dated E-mail letter that was officially received by the City of Austin on December 15, 2014.
JULY 9, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed July 9, 2014-dated legal letter to Texas Attorney General Greg Abbott, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on June 24, 2014.
APRIL 30, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed April 30, 2014-dated official legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between the City Attorney, the Deputy City Attorney, several Assistant City Attorneys, paralegals and law department administrative personnel with staff in the City Manager's Office, Police Department, Human Resources Department, City Clerk's Office, and Public Information Office (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself, John Kevin McMillan, was an E-mail letter received by the City of Austin on April 16, 2014.
AUGUST 27, 2013:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed August 27, 2013-dated legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst Law Department staff, staff of the Austin Police Department, staff in the City Manager's Office and Human Resources Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on August 6, 2013.
SEPTEMBER 12, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in a signed Sept. 12, 2012-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the City Clerk's Office, the Austin Police Department, the Police Monitor's Office and the Human Resources department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on August 21, 2012.
JANUARY 24, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in January 24, 2012-dated signed two-page legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on January 10, 2012.
----- Forwarded Message -----From: "Austin Public Records Center" <austintx@govqa.us>To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Wed, Feb 8, 2023 at 6:06 PM
Subject: [Austin Public Records Center] :: C166664-012323
--- Please respond above this line ---
Re: Open Record Request of January 23, 2023, Reference # C166664-012323
Dear Mr. John Kevin McMillan,
The City of Austin received a Public Information request from you on January 23, 2023, to request copies of records pertaining to the following:
“I am hereby requesting a copy of any and all emails, reports, memoranda, or other written communications generated, sent, Faxed, or mailed by any attorney, administrator, or other staff member in the City of Austin Law Department at any time from January 1, 2011, through the present that in each and every such case referred to me or to a public information request of mine at least once in any context.
My legal name is John Kevin McMillan. My date of birth is April 27, 1957. I was born in Lincoln, Nebraska. I am the founder and only member of the still-one-member-only and non-proselytizing Progressive Prohibitionist Religion, a religion with very strict membership-eligibility requirements. That one total religion of mine is not open to any prospective additional member for at least one year after I myself conclude that I have full and year-round access to fully reliable news and information in my own living and housing conditions.
My most recent address when I lived in Austin was 8805 North Plaza Drive, Apt. 2418, Austin, Texas 78753.
My e-mail address throughout the entire 12-year period of this request was and is today mcmillanj@att.net. My home phone number in Austin from the relevant period January 1, 2011, through mid-December 2021 was (512) 342-2295.
My other addresses in Austin during the relevant time period were Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Building 3, Austin, TX 78759; Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Building 9, Austin, Texas 78759;
and Village Oaks Apartments, Apt. 1609, Building 16, Austin, Texas 78759.”
My legal name is John Kevin McMillan. My date of birth is April 27, 1957. I was born in Lincoln, Nebraska. I am the founder and only member of the still-one-member-only and non-proselytizing Progressive Prohibitionist Religion, a religion with very strict membership-eligibility requirements. That one total religion of mine is not open to any prospective additional member for at least one year after I myself conclude that I have full and year-round access to fully reliable news and information in my own living and housing conditions.
My most recent address when I lived in Austin was 8805 North Plaza Drive, Apt. 2418, Austin, Texas 78753.
My e-mail address throughout the entire 12-year period of this request was and is today mcmillanj@att.net. My home phone number in Austin from the relevant period January 1, 2011, through mid-December 2021 was (512) 342-2295.
My other addresses in Austin during the relevant time period were Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Building 3, Austin, TX 78759; Village Oaks Apartments, 10926 Jollyville Road, Apt. 902, Building 9, Austin, Texas 78759;
and Village Oaks Apartments, Apt. 1609, Building 16, Austin, Texas 78759.”
The City of Austin has no responsive documents to your request.
Thank you for contacting the City of Austin.
PIR Team
City of Austin—Law Department
(512) 974-2197
To monitor the progress or update this request please log into the Austin Public Records Center
Posts
No comments:
Post a Comment
Please Leave Your Comments Here.