----- Forwarded Message -----
Office of the Attorney General state agency,
If you seek to contact the Open Records Division regarding your complaint, please call the Open Government Hotline at 1-877-OPEN-TEX.
Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
Office of the Attorney General
From: John McMillan <mcmillanj@att.net>
Sent: Friday, May 19, 2023 9:57 PM
To: publicrecords <PublicRecords@oag.texas.gov>; Josh Reno <Josh.Reno@oag.texas.gov>; Public Information <Public.Information@oag.texas.gov>; Brent Webster <Brent.Webster@oag.texas.gov>; Judd Stone <Judd.Stone@oag.texas.gov>; Grant Dorfman <Grant.Dorfman@oag.texas.gov>; Aaron Reitz <Aaron.Reitz@oag.texas.gov>; lesley.french@texasattorneygeneral.gov; chad.atkinson <chad.atkinson@slcgov.com>; leo.abila <leo.abila@slcgov.com>
Subject: RE: Public Information Act Request :: R018042-043023
To: June Harden, Assistant Attorney General of Texas and Assistant Public Information Coordinator, Office of the Attorney General state agency, Austin, Texas.
May 19, 2023
Dear Texas Assistant Attorney General Harden,
Thank you for your reply letter (below) to me today.
Your reply letter indicates that the Travis County District Attorney's Office in Austin has chosen not to write and send to your state agency any written request for exemption from the State of Texas-imposed 10-total-working-days deadline for their response to my January 2023 Open Records request. That official exemption-request deadline for the DA's Office in Austin occurred at 5 p.m. Monday, January 30, 2023.
As the State Comptroller of Texas explains at its official state agency website: "Failure to request an Attorney General opinion and notify the requestor within 10 business days will result in a presumption that the information is open unless there is a compelling reason to withhold it."
As you know, my most recent Open Records request to the DA's Office in Austin was written and e-mailed by me on January 16, 2023, to their official e-mail address for accepting Open Records requests.
My January 16-dated request to the Travis County DA's Office had requested "a copy of any and all documents written or generated by your DA's Office in Austin during Jose Garza's current tenure as the DA that referred to a legal action or administrative action pursued by, an investigation pursued by, or a criminal charge filed in a court of law by, the Travis County District Attorney's Office at any time since January 1, 2021, and that in each and every such case also related to me or referred to me in any manner or context."
As you are no doubt aware, Ms. Harden, the two-year scope of my Open Records request was very minimal. District Attorney Jose Garza's elective position as Travis County DA officially began on January 1, 2021.
I hope to hear from you soon about this legal issue currently facing your state agency in Austin.
Sincerely and Best Wishes,
requestor John Kevin McMillan, 535 South 200 East, Apt. 912, Salt Lake City, UT 84111.
Cell phone: (512) 993-7305.
On Fri, May 19, 2023 at 7:36 AM, publicrecords
<PublicRecords@oag.texas.gov> wrote:
Mr. McMillan:
The Open Records Division has not received a response. Therefore, there are no documents responsive to this request.
Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
Office of the Attorney General
From: John McMillan <mcmillanj@att.net>
Sent: Friday, May 19, 2023 2:46 AM
To: publicrecords <PublicRecords@oag.texas.gov>; Public Information <Public.Information@oag.texas.gov>; chad.atkinson <chad.atkinson@slcgov.com>; leo.abila <leo.abila@slcgov.com>; Brent Webster <Brent.Webster@oag.texas.gov>; Grant Dorfman <Grant.Dorfman@oag.texas.gov>; Josh Reno <Josh.Reno@oag.texas.gov>; darrin.brumbaugh@texasattorneygeneral.gov; Grant Dorfman <Grant.Dorfman@oag.texas.gov>; Judd Stone <Judd.Stone@oag.texas.gov>; lesley.french@texasattorneygeneral.gov
Subject: Re: Public Information Act Request :: R018042-043023
To: Ms. Marisol Bernal-Leon,
Public Information Coordinator's Office,
Office of the Attorney General of Texas state agency,
Austin, Texas
May 19, 2023
Dear Ms. Bernal-Leon,
Thank you for the 17 pages of attachments you e-mailed to me on May 4, 2023, in response to my April 28, 2023, Open Records request to your State of Texas agency in Austin.
That April 28 public information request of mine had sought to obtain from your state agency a copy of "any and all e-mail communications, letters, reports, rulings, memoranda, or other written communications, and any and all phone messages, that were received or authored or sent or mailed or FAXed by an investigator, attorney, official, or other employee in the Attorney General of Texas Open Records Division and that, in each and every such case, referred at least once in any manner to either my revised January 16, 2023, Open Records request (final item, below) to the Travis County District Attorney's Office in Austin, Texas, or to my recent Open Records complaint to your state agency about the alleged failure of that DA's Office to provide me with a written reply providing me with one or more documents or any and all documents responsive to my January 16-dated public-information request."
Your May 4 reply letter to me contained in your 17 pages of attached legal documents for me a three-page March 17, 2023, legal letter from your state agency's Open Records Division, Education and Enforcement Section, that was directly addressed to Travis County District Attorney's Office representative Henry Kellison in Austin, Texas.
The third page of that March 17 legal letter to Mr. Kellison contained an unsigned one-page legal form entitled "PUBLIC INFORMATION ACT REQUEST CERTIFICATION FROM GOVERNMENTAL BODY"
"RE: OAG ID# 052140
"Please complete this form to indicate the manner in which the referenced request will be or has been answered. Include your signature and date...."
Ms. Bernal-Leon, I would like to respectfully ask you whether your state agency in Austin has ever received a completed version of that requested one-page certification form from the Travis County District Attorney's Office in Austin, Texas, in a context that referred to my still-active or recently active Open Records complaint against the Travis County DA's Office.
I am posing this question to you because I myself do not see any factual evidence that the Attorney General of Texas ever received any reply letter from the Travis County District Attorney's Office relating to my Open Records complaint through your state agency against that DA's Office in Austin.
Thank you in advance, Ms. Bernal-Leon, for your courtesy reply letter to me in regard to whether the DA's Office in Austin has in fact responded to you in writing on your request for information from that prosecuting attorney's office of Travis County Government.
Sincerely and Best Wishes,
public information requestor and Open Records complainant John Kevin McMillan.
My solo-occupancy rental-home address ever since June 1, 2022:
535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111.
My cell phone: (512) 993-7305.
My date of birth: 4-27-1957. My place of birth: Lincoln, Nebraska.
On Sun, Apr 30, 2023 at 4:03 PM, TEXAS AG Public Information
<texasag@govqa.us> wrote:
Dear Mr. John McMillan:
Thank you for your interest in records of the Office of the Attorney General. Your request has been received and is being processed in accordance with Chapter 552 of the Texas Government Code, the Public Information Act. Your request was received in this office on 4/30/2023 and given the reference number R018042-043023 for tracking purposes.Records Requested: ----- Forwarded Message -----From: "Crimevictims GV" To: "John McMillan" Sent: Fri, Apr 28, 2023 at 8:38 AMSubject: Re: 4-27-23 PIR to TX Atty General re: my ORR Complaint 052140Thank youOn Thu, Apr 27, 2023 at 7:43 PM John McMillan wrote: To: Office of the Attorney General of Texas, Public Information Coordinator's Office Mail Code 070, P.O. Box 12039, Austin, TX 78711. Main phone number for your state agency in Austin: (512) 463-2100.April 27, 2023Dear Open Records Coordinator for the Attorney General of Texas state agency in Austin,This is a public-information request in which I seek to obtain from you a copy of any and all e-mail communications, letters, reports, rulings, memoranda, or other written communications, and any and all phone messages, that were received or authored or sent or mailed or FAXed by an investigator, attorney, official, or other employee in the Attorney General of Texas Open Records Division and that, in each and every such case, referred at least once in any manner to either my revised January 16, 2023, Open Records request (final item, below) to the Travis County District Attorney's Office in Austin, Texas, or to my recent Open Records complaint to your state agency about the alleged failure of that DA's Office to provide me with a written reply providing me with one or more documents or any and all documents responsive to my January 16-dated public-information request.I hope to hear from you soon.Sincerely and Best Wishes,public-information requestor John Kevin McMillan.My date of birth: April 27, 1957. My place of birth: Lincoln, Nebraska. My fully-locked solo-occupancy studio-rental-unit home address ever since June 1, 2022: 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111. My cell phone number: (512) 993-7305. My home phone number: (801) 355-0850._____Forwarded MessageFrom: "OpenRecordsAssistance" >Sent: Fri, Mar 17, 2023 at 9:43 AMSubject: Open Records Complaint; ID# 052140Dear Travis County District Attorney’s Office: The Office of the Attorney General (the “OAG”) has received a complaint from John Kevin McMillan alleging the Travis County District Attorney’s Office has failed to respond appropriately to a request for information. The complaint was assigned ID# 052140. Please see the attached documents regarding the complaint. A response may be submitted by fax to the Education and Enforcement Section of the Open Records Division at (512) 481-1992, or mailed to P.O. Box 12548, Austin, Texas 78711.Sincerely, Education and Enforcement SectionOpen Records DivisionPLEASE NOTE: Any replies to this email will not be received__________Forwarded MessageFrom: John McMillanTo: DAOpenRecordsRequests@traviscountytx.gov ; Salt Lake County (UT) District Attorney 2022 ; Ben Haynes ; National District Attorneys Assn Crime Prevention ; Jalayne Robinson ; Robert Kepple ; Shannon Edmonds ; Texas Association of College/Univ Police Administrators 2020 ; Texas Assoc. of City/County Health Officials 2021 ; City of Austin City Attorney Anne Morgan ; Austin Mayor Steve Adler ; steven.mccraw@dps.texas.gov ; Texas Rangers (2015) ; amanda.capps@slcgov.com ; mike.brown@slcgov.com ; todd.mitchell@slcgov.com ; Salt Lake city Police Records 2022 ; Utah SIAC ; Utah Lt. Gov. Deidre Henderson 2021 ; Kieran Hillis ; Office of Gov. Spencer Cox ; Cameron Roden ; jeffrey.taylor@slcgov.com ; chad.atkinson@slcgov.com ; APD Officer James Turner ; William Costello ; Lelan Larroque ; scott.stuck@slcgov.com ; michael.ross@slcgov.com ; slcpdpr@slcgov.com ; marie.stewart@slcgov.com ; laakeripa@utah.gov ; Adult Protective UT Supvr Chad Hansen ; DOJ Sexual Harassment in Housing Initiative (CRT) ; Hernandez Sally [TCSO] ; uag@agutah.gov ; Joel Briscoe ; jplumb@le.utah.gov ; him-roi@umail.utah.edu ; Office for Victims of Crime (U.S. DOJ) ; csfc@nsa.gov ; elder.justice@usdoj.gov ; U.S. Department of Homeland Security ; Salt Lake City PD Victim Advocate ; TDCJ Victim Services Division 2021 ; Office for Victims of Crime U.S. Justice Dept. ; Murray Police Chief Craig Burnett ; mstevenson@midvale.com ; Paul Brenneman ; Mike Weichers ; Christopher Keen ; APD Chief Joseph Chacon 2021 ; Patricia ; brian.narciso@austintexas.gov ; dps-victimservices@utah.gov ; U.S. Dept of Commerce Civil Rights Div Officials ; leo.abila@slcgov.com ; amelia.hilbert@slcgov.com ; George Pyle ; Fox News SLC 2022 ; nbauer@abc4.com ; Jennifer Gardiner ; news@ksl.com ; Deseret News 2022 ; University of Utah Student Newspaper 2022 ; Shawn Dick ; letters@statesman.com ; DMN Austin Bureau Reporter Robert Garrett ; Utah Chiefs of Police Assn 2021 ; Utah Medical Association 2021 ; Utah Hospital Association 2021 ; Mayor Wilson ; County Council Member Bradshaw ; Erin Litvack ; SLCo Aging & Adult Services ; Salt Lake County Aging Services 2022 ; Pebble Creek Leasing ; Juan Acosta ; Utah Restaurant Assn 2022 ; Univ of Utah Criminology Dir. Heather Melton ; andrew.cluff@slcgov.com ; newsmedia@ldschurch.org ; Houston Chronicle Letters to the Editor ; communications@utahbar.org ; Angela Romero ; Delia Garza ; internships@romney.senate.gov ; mark.coffield@mail.house.gov >> Cc: apolanco@rossbanks.com ; liam.anderson@mail.house.gov ; joel_wellum@lee.senate.gov ; Utah Republican Party ; Nick Frederick ; Outback Arboretum Managers ; obs4510@outback.com ; Outback Steakhouse Headquarters in Tampa ; Trevor Glynn ; nytnews@nytimes.com ; Steven Rich ; Criminal Justice Journalists Board Member Rashbaum ; Salt Lake City (UT) City Council ; Texas Crime Prevention Asssociation President ; The Progressive Magazine ; APD Assistant Chief James Mason 2021 ; Austin Regional Clinic 2021 ; Utah Apartment Association 2022 ; TRA General Counsel Kenneth Besserman ; State Bar of Texas Govt. Relations ; U.S. Department of Education Texas Civil Rights Office (Dallas) ; CBS News '60 Minutes' Editors and Reporters <60m@cbsnews.com>; DenverPostEditors ; Letters ; Las Vegas Sun newspaper 2022 ; Los Angeles Times ; California Statewide Fusion Center 2021 ; mayor@sandy.utah.gov ; public.information@texasattorneygeneral.gov ; Josh Reno ; Utah Public Radio 2022 ; Miami Herald Letters to Editor ; Orlando Sentinel ; Federal Trade Commission D.C. ; Texas anti-crime Fusion Center 2021 ; The Texas Tribune ; New York State Fusion Center 2021 ; City Weekly (SLC) News Editor Benjamin Wood ; San Jose Mercury News Editors ; Crimevictims GV ; ABA Commission on Disability 2020 ; Humantrafficking ; Utah Coalition Against Sexual Assault 2021 ; Utah Citizens Against Physical and Sexual Abuse 2021 ; Rape Abuse and Incest National Network ; California Crime Prevention Officers Assn 2022 ; drew.hadley@slcgov.com ; dpscontact@utah.gov ; Andy Brown ; sociology@byu.edu ; UT_Webmanager ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Texas Lt. Gov Dan Patrick ; Utah League of Cities and Towns 2022 ; Utah AG Investigators 2022 ; brent.webster@texasattorneygeneral.gov ; randreucci@sunsetvalley.org ; kurtis.krause@austintexas.gov ; luke.shipley@slcgov.com ; news@dailytexanonline.com ; communications@nffe.org ; engagement@ostp.eop.gov ; lloyd.doggett@mail.house.gov ; central_texas@cruz.senate.gov ; kate_moriarty@cornyn.senate.gov ; joedougherty@utah.gov ; National Association of Broadcasters 2021 ; NBC Nightly News Headqrtrs 2016 ; Mark A. Strong ; State Senator Sarah Eckhardt 2020 ; steve.adler@austintexas.gov ; commissioner@highered.texas.gov >>Sent: Monday, January 16, 2023 at 11:21:29 PM CST >>Subject: 1-16-23 Travis County (TX) District Attorney Open Records RequestTo: Open Records Division Coordinator, >> Travis County District Attorney's Office,Travis County Government,Ronald Earle Building,416 West 11th Street,Austin, Texas 78701.FAX number: 512-854-4206.Main phone number for your DA's Office: (512) 854-9400.January 16, 2023Dear Travis County District Attorney's Office Open Records Coordinator,This is an Open Records request in which I seek to obtain from you a copy of any and all documents written or generated by your DA's Office in Austin during Jose Garza's current tenure as the DA that referred to a legal action or administrative action pursued by, an investigation pursued by, or a criminal charge filed in a court of law by, the Travis County District Attorney's Office at any time since January 1, 2021, and that in each and every such case also related to me or referred to me in any manner or context.My legal name is John Kevin McMillan. My date of birth is 4-27-1957; my place of birth is Lincoln, Nebraska.During the applicable period from January 1, 2021, through the present, my only residential address in Travis County, Texas, was at the gated-community Pebble Creek Apartments complex in northeast Austin. My address there was: 8805 North Plaza Drive, Apt. 2418, Austin, Texas, 78753.My home phone number during that period was (512) 342-2295. My cell phone number, after I purchased and obtained my first-ever cell phone in August 2019, was and continues to be: (512) 993-7305. My current e-mail address is: mcmillanj@att.net.Among the insights I hope to glean from this public information request are answers to the following questions:---Has District Attorney Jose Garza requested that the Austin Police Department continue to maintain with full integrity each of the three respective forensic medical exam rape-evidence kits obtained from me at my request in Austin----two of them in 2011 and one of them in 2021?---What prompted Henry Kellison, the polite Executive Assistant to Travis County District Attorney Jose Garza, to state to me on my cell phone in early April of 2021 that I myself am the complainant --- NOT the defendant, he emphasized to me on the phone in 2021 --- in a felony "home invasion crimes" case?----What prompted Mr. Kellison of your DA's Office in Austin to specifically state to me on the telephone on April 6, 2021, that he wanted me to "hire a criminal-defense attorney" to represent me in planned communications with the DA's Office in Austin in the above-cited context in which I myself would be the cited criminal-law complainant?--Did the Travis County District Attorney's Office under Mr. Garza's leadership obtain any credible evidence that I myself was victimized by one or more alleged home-invasion-related sexual assault crimes or other alleged felony sex crimes or felony personal injury crimes during my continuous and uninterrupted period of residence in Travis County, Texas, that occurred from mid-March 1997 until December 31, 2021, the date when I relocated to Utah by airplane?---Is Travis County District Attorney Garza aware that I myself have never on any occasion since or including December 31, 1979, ever once agreed to participate in or participated in any mutual-consent sexual contact with another human being or any "beast", for that matter, in Travis County, Texas?---Is Travis County DA Garza aware that the most recent occasion when I myself participated in a mutual-consent sex act occurred on one total cited date in 1995 with an adult Anglo person in Baytown, Texas?--Is Travis County Garza aware that I myself have never once consumed any quantity of any alcoholic beverage anywhere in Travis County, Texas, or elsewhere in the entire world on any occasion since the late summer of 1990, when I was resided in Austin, Texas; and that I myself have never once consumed any quantity of marijuana on any occasion since the late fall of 1984, when I resided in Worcester, Massachusetts; and that in my entire life I myself have never once consumed any illicit drug other than marijuana?---Does Travis County District Attorney Jose Garza currently plan to file one or more felony criminal charges in a court of law in Travis County, Texas, that refer to me as the cited victim?---Is Travis County District Attorney Garza concerned that an expected very large number of defendants in a courtroom proceeding in Austin in which I am the cited victim of one or more felony home-invasion sex crimes and other personal-injury crimes in Travis County, Texas, over a multi-year period might pose a possible "barrier" to successful full and vigorous prosecution of those felony crime cases in a court of law in Austin?---Does Travis County DA Jose Garza agree that I am dependably civil and law-abiding, that I myself do not have any criminal-conviction record, and that I have very strong credibility as a criminal-law complainant in a Home-Invasion Sex Crimes case in Travis County, Texas?---Does the Travis County District Attorney's Office have any factual evidence that any person, group of persons, business entity, media company, non-profit group, religious or political group, "educational services" provider, "medical services" provider, government-owned institution, or other entity either maintaining a residential address or business address in Travis County, Texas, or owning or leasing property in Travis County, Texas, has possibly had an alleged involvement of some type in alleged continuous inter-racial harassment of me, alleged continuous verbal abuse of me in retaliation against my well-known Anglophilia (my keen affinity for law-abiding facially-cleanshaven naturally-blond white Anglo non-Hispanic persons) and my Anglosexual (I DO NOT agree to ever have sexual contact with any non-whites) sexual identity, or to my identifying with and experiencing a politely expressed greater emotional affinity toward a higher percentage of the law-abiding, politely masculine, non-alcoholic, tobacco-free, facially-cleanshaven Anglo non-Hispanic heterosexual adult men my age or younger than any other subpopulation of adult men?--Is Travis County District Attorney Jose Garza aware of any deliberately dishonest or fraudulent continuous anonymous communications I am currently being subjected to in Salt Lake County, Utah, or I was subjected to in Travis County, Texas, for which one or more persons in Travis County, Texas, have had an alleged role, whether as a direct financier of those communications or as a participant in them?---Does Travis County DA Garza believe that continuous stress-inducing medically injurious noise pollution that I did not generate or want, and to which I was subjected in Travis County, Texas, for many years, including at my respective workplaces in Austin, involved alleged criminal-intent toward me by numerous persons?---Does DA Jose Garza believe I myself was stalked by anyone in Travis County, Texas, who attempted to prevent me from developing a mutual-consent social life and a mutual-consent romantic life in Travis County?---Is Travis County District Attorney Jose Garza aware that a first-rate attorney in Houston, Texas, Arnold G. Polanco, on June 6, 2008, advised me on the telephone from his Ross Banks Law Firm office (office phone number 713-626-1200) that it is illegal in Texas for a government agency to subject me to continuous verbal communications in any context after continuous electronic surveillance of myself had already been authorized by a government agency?---Does Travis County DA Garza know what prompted W. Rick Copeland, then the agent in charge of the FBI office in Austin, Texas, to state to me on the telephone in the late 1990s, when I called him from inside a University Federal Credit Union location in north central Austin, that unless I myself was involved in "illicit drug trafficking" --- and I most definitely was NOT --- it would be illegal for the government in Texas to subject me to continuous electronic surveillance of myself?---Is Travis County DA Garza aware that I myself have NEVER authorized any "anonymous educational services", any "anonymous fraudulent communications" to me, any "anonymous sexual penetration services" being inflicted on me, any "anonymous mental-health services", or any "thought-control project" being inflicted on me?---Is the Travis County DA's Office aware that I myself officially became a permanent resident of the great and significantly more >> Anglo-Saxon state of Utah on January 1, 2023, after I had resided in and remained in Salt Lake County, Utah, on a continuous and uninterrupted basis for one full calendar year in which I myself never traveled outside of Utah on any occasion?---Does Travis County District Attorney Jose Garza agree with a statement to me in 2019 or 2020 by the Office of the Attorney General of Texas (OAG) in Austin that I myself would not qualify for any human-trafficking investigation by their state agency's Human Trafficking Unit in which I was the cited victim, with their cited reason to me having been that I myself was not being "paid" by anyone in exchange for their reportedly having physical or sexual contact with me during my sleeping hours inside my locked solo-occupancy rental apartment unit in northeast Austin.---Has Travis County DA Garza contacted a federal law-enforcement agency based on evidence Mr. Garza has obtained that I myself have been or was subjected to illegal felony-crime activities involving the crossing of state lines or involving inter-state commerce, or involving inter-racial hate crimes or other hate crimes in which I myself was the white non-Hispanic (my racial group), English and Scottish and German in ancestry, and non-Jewish victim; in which I was the lifelong-non-Christian and religiously independent and implicitly deistic and non-atheistic victim; in which I was the morally and aesthetically straight and longtime celibate by choice, non-transsexual and non-effeminate and personally-myself-opposed-to- sex-change-operations victim; in which I was the senior-citizen victim; in which I was the lifelong-single victim; and in which I was also the adult male lifelong-American citizen-from-birth victim?I hope to hear from you soon.Best Wishes,public-information requestor John Kevin McMillan.My solo-occupancy rental-apartment-unit home address ever since June 1, 2022: Wasatch Manor (a federally-subsidized and federally-inspected 11-floor senior citizens apartment building where I myself have always paid my monthly rent on time at the market rate, and I plan to possibly apply for re-classification of my current ninth-floor apartment unit as a HUD-subsidized and HUD-inspected studio rental-apartment unit), 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111. >> My home phone: (801) 355-0850. >> My cell phone: (512) 993-7305.My e-mail address: mcmillanj@att.net
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