----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "Josh Reno" <josh.reno@texasattorneygeneral.gov>, "letters@statesman.com" <letters@statesman.com>, "robert.kepple@tdcaa.com" <robert.kepple@tdcaa.com>, "Shannon Edmonds" <shannon.edmonds@tdcaa.com>, "Jalayne Robinson" <jalayne.robinson@tdcaa.com>, "KXAN TV News Investigations" <reportit@kxan.com>, "Fox News SLC 2022" <news@fox13now.com>, "news@ksl.com" <news@ksl.com>, "Deseret News 2022" <dnweb@deseretnews.com>, "newsmedia@ldschurch.org" <newsmedia@ldschurch.org>, "nytnews@nytimes.com" <nytnews@nytimes.com>, "Criminal Justice Journalists Board Member Rashbaum" <rashbaum@nytimes.com>, "Steven Rich" <steven.rich@washpost.com>, "Houston Chronicle Letters to the Editor" <viewpoints@chron.com>, "Letters To the Editor" <letters@express-news.net>, "Fort Worth Star-Telegram Newstips" <newsroom@star-telegram.com>, "Texas Observer Editors" <editors@texasobserver.org>, "news@texasmonthly.com" <news@texasmonthly.com>, "DenverPostEditors" <newsroom@denverpost.com>, "Las Vegas Sun newspaper 2022" <feedback@lasvegassun.com>, "Arizona Republic Newstips" <newstips@arizonarepublic.com>, "Letters" <letters@seattletimes.com>, "Los Angeles Times" <newstips@latimes.com>, "Texas Freedom of Info Fdn 2020" <kelley.shannon@foift.org>, "National Freedom of Information Coalition (2016)" <nfoic@nfoic.org>, "mballard@le.utah.gov" <mballard@le.utah.gov>, "ryanwilcox@le.utah.gov" <ryanwilcox@le.utah.gov>, "Attorney General of Utah" <uag@utah.gov>, "info@utahrestaurantassociation.org" <info@utahrestaurantassociation.org>, "Utah Public Radio 2022" <tom.williams@usu.edu>, "marie.stewart" <marie.stewart@slcgov.com>, "todd.mitchell" <todd.mitchell@slcgov.com>, "Mike Weichers" <mweichers@ch.utah.gov>, "Mike Schultz" <mikeschultz@le.utah.gov>, "mike.brown" <mike.brown@slcgov.com>, "Salt Lake City Mayor Erin Mendenhall 2021" <mayor@slcgov.com>, "Eva Lopez Chavez" <eva.lopezchavez@slcgov.com>, "Texas Tribune Editor in Chief Evan Smith" <esmith@texastribune.org>, "Chronicle of Higher Education 2016" <editor@chronicle.com>
Cc: "Joel Briscoe" <jbriscoe@le.utah.gov>, "Jplumb" <jplumb@le.utah.gov>, "Mayor Wilson" <mayor@slco.org>, "County Council Member Bradshaw" <arbradshaw@slco.org>, "llstringham@slco.org" <llstringham@slco.org>, "suharrison@slco.org" <suharrison@slco.org>, "Salt Lake City (UT) City Council" <council.comments@slcgov.com>, "chad.atkinson" <chad.atkinson@slcgov.com>, "Adult Protective UT Supvr Chad Hansen" <cbhanse@utah.gov>, "Office of Gov. Spencer Cox" <govcomm@utah.gov>, "communications@utahbar.org" <communications@utahbar.org>, "Utah Restaurant Association 2022" <info@utahrestaurantassociation.org>, "National District Attorneys Assn Crime Prevention" <nbunn@ndaajustice.org>, "utahdistrict02@gmail.com" <utahdistrict02@gmail.com>, "State Rep. Angela Romero" <angelaromero@le.utah.gov>, "Gay Lynn Bennion" <glbennion@le.utah.gov>, "Paul A. Cutler" <pcutler@le.utah.gov>, "Mark A. Strong" <mstrong@le.utah.gov>, "Rep. Sheryl Cole (2019 CentralTX)" <sheryl.cole@house.texas.gov>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>, "Delia Garza" <delia.garza@traviscountytx.gov>, "Matthew Entsminger" <matthew.entsminger@traviscountytx.gov>, "Austin Chronicle Editors" <mail@austinchronicle.com>, "Andy Brown" <andy.brown@traviscountytx.gov>, "Travis County Commissioner Brigid Shea" <brigid.shea@traviscountytx.gov>, "Travis County Auditor Patti Smith 2019" <patti.smith@traviscountytx.gov>, "APD Officer James Turner" <james.turner@austintexas.gov>, "District 4" <district4@austintexas.gov>, "Austin Mayor Steve Adler" <steve.adler@austintexas.gov>, "City of Austin City Attorney Anne Morgan" <anne.morgan@austintexas.gov>, "Austin City Auditor Corrie Stokes (2016)" <corrie.stokes@austintexas.gov>, "City Auditor of Austin" <austinauditor@austintexas.gov>, "TRA General Counsel Kenneth Besserman" <kbesserman@tramail.org>, "Utah Apartment Association 2022" <info@uaahq.org>, "Texas Apartment Association" <communications@taa.org>, "michael.king@austintexas.gov" <michael.king@austintexas.gov>, "APD Dist Rep Espinoza" <ruben.espinoza@austintexas.gov>, "auditor@slco.org" <auditor@slco.org>, "Salt Lake County (UT) District Attorney 2022" <districtattorney@slco.org>
Sent: Sat, Feb 10, 2024 at 12:47 AM
Subject: TXOAG is Asked to Withhold Docs re:My ORR Complaint vs TCDA
(Explanatory Note from Public Information Requestor and permanent Utahn resident John Kevin McMillan of Salt Lake City, Utah: This most recent February 1, 2024, Public Information Request of mine to the Attorney General of Texas seeks documents on file with that state agency in Austin that refer to or relate to my current Open Records Request complaint I have filed through that state agency against the Open Records Coordinator for the Travis County District Attorney's Office in Austin, Texas.
The official Identification Number that the Attorney General of Texas on December 28, 2023, assigned to that Open Records complaint from myself is: ID# OR-23-103287-IC.
My legal complaint through the Attorney General of Texas alleges that the Travis County DA's Office has allegedly failed to respond in writing to my November 30, 2023, public information request to that government agency.
My November 30 request had sought "a copy of any and all documents on file with each applicable division or unit of your DA's Office that were each authored by someone other than me at any time since 9 a.m. January 1, 2021, and which each stated that I myself was or am victimized by a felony crime."
That public information request from myself was apparently received by the Travis County DA's Office Public Information Coordinator at the start of the business day on December 1, 2023.)
(Printed Official Letterhead for this official two-page state agency stationery legal letter:)
KEN PAXTON
ATTORNEY GENERAL OF TEXAS
Post Office Box 12548,
Austin, Texas 78711 - 2548
( 512 ) 463-2100
"www.texasattorneygeneral.gov
"February 9, 2024
"Tamara Smith
"Open Records Division
"Office of the Attorney General
"P.O. Box 12548
"Austin, TX 78711-2548
"Re: Public Information Request No. R021160
"Dear Ms. Smith:
"On February 1, 2024, the Office of the Attorney General ('OAG') received a public information request under the Public Information Act ('PIA'), Chapter 552, Government Code, from Mr. John (Kevin) McMillan (of Salt Lake City, Utah). A copy of the request is attached as Exhibit A. In accordance with section 552.3031 of the Government Code, this brief was timely hand-delivered on February 9, 2024.
"Except for the submitted information, the OAG will release the responsive information with redactions allowed by law. See Open Records Decision No. 684 (2009) (governmental bodies may withhold certain information, including personal e-mail addresses, without necessity of requesting (a) ruling under Gov’t Code § 552.301).
"The OAG asserts, however, that the submitted information is excepted from required public disclosure under the PIA. Pursuant to sections 552.301(b) and 552.301(e) of the Government Code, this brief is submitted to seek a decision as to whether section 552.111 of the Government Code applies to the submitted information. We have copied the requestor as a recipient of this brief pursuant to sections 552.301(d) and 552.301(e-1) of the Government Code.
"The information at issue is attached as Exhibit B.
"I. Information Excepted From Required Public Disclosure Under Section 552.111: Intraagency Communications Reflecting Deliberative Process of the OAG
"Section 552.111 of the Government Code excepts from required public disclosure '[a]n interagency or intraagency memorandum or letter that would not be available by law to a party in litigation with the agency.' Gov’t Code § 552.111. Section 552.111 excepts those internal communications consisting of advice, recommendations, or opinions reflecting the policy making processes of a governmental body. See Open Records Decision No. 615 at 5 (1993); accord(sic) City of Garland v. Dallas Morning News, 969 S.W.2d 548, 556 (Tex. App.—Dallas 1998) ('Section 552.111 . . . excepts only those internal communications consisting of advice, recommendations, and opinions reflecting the policy-making processes of the governmental body at issue.'), affirmed, 22 S.W.3d 351 (Tex. 2000).
"The purpose of section 552.111 is 'to protect advice and opinions on policy matters and to encourage frank and open discussion within an agency in connection with its decision-making processes.' Dallas Morning News, 969 S.W.2d at 556.
"Your office has concluded that a preliminary draft of a document that is intended for public release in its final form necessarily represents the drafter's advice, opinion, and recommendation regarding the form and content of the final document, so as to be excepted from disclosure under section 552.111. See Open Records Decision No. 559 at 2 (1990) (applying statutory predecessor).
"Section 552.111 protects factual information in the draft that also will be included in the final version of the document. See id. at 2-3. Thus, section 552.111 encompasses the entire contents, including comments, underlining, deletions, and proofreading marks, of a preliminary draft of a policymaking document. See id. at 2. However, a governmental body may only withhold a draft policymaking document if the final form of this document is intended for public release. Your office has previously ruled that draft letter rulings are excepted from public disclosure under section 552.111. See Open Records Letter Nos. 2012-00334 (2012), 2010-16830 (2010).
"In this instance, the submitted document is a draft enforcement letter that has been released to the public in final form.(footnote)1.
"(Footnote)1 The OAG has released the final version of the enforcement letter to the requestor.
"The draft was made and communicated to OAG employees in furtherance of the OAG's policy of maintaining uniformity in the application, operation, and interpretation of the PIA. See Gov't Code 552.011. Because the draft reflects the deliberative process of OAG policymakers, the OAG asserts it may be withheld in its entirety under section 552.111 of the Government Code and the deliberative process privilege.
"II. Conclusion
"The OAG respectfully requests a decision from the Open Records Division regarding the applicability of the argued exception as provided by the PlA.
"Please do not hesitate to contact me if you have questions or require additional information.
"Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
Office of the Attorney General"
"cc: Mr. John (Kevin) McMillan
"535 S. 200 East, Apt. 912
"Salt Lake City, UT 84111
(w/o enclosures)
Posts
No comments:
Post a Comment
Please Leave Your Comments Here.