The most recent update letter in regard to the crime documents about my being a victim of crime that are still being withheld from me by the Travis County District Attorney in Austin, Texas, and the Travis County Attorney in Austin, Texas:
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "OpenRecordsAssistance" <openrecordsassistance@oag.texas.gov>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "james.graham@oag.texas.gov" <james.graham@oag.texas.gov>, "Josh Reno" <josh.reno@oag.texas.gov>, "anastasia.broadfoot@oag.texas.gov" <anastasia.broadfoot@oag.texas.gov>, "chad.atkinson" <chad.atkinson@slcgov.com>, "leo.abila" <leo.abila@slcgov.com>, "Attorney General of Utah" <uag@utah.gov>, "Uag" <uag@agutah.gov>, "kirk.watson@austintexas.gov" <kirk.watson@austintexas.gov>, "govt.relations@texasbar.com" <govt.relations@texasbar.com>, "Utahbar Webmaster" <webmaster@utahbar.org>, "communications@utahbar.org" <communications@utahbar.org>, "mballard@le.utah.gov" <mballard@le.utah.gov>, "Gay Lynn Bennion" <glbennion@le.utah.gov>, "APD Officer James Turner" <james.turner@austintexas.gov>, "Mike King" <michael.king@austintexas.gov>, "chris.leleaux@austintexas.gov" <chris.leleaux@austintexas.gov>, "Mayor Wilson" <mayor@slco.org>, "Cameron Roden" <croden@utah.gov>, "jessanderson@utah.gov" <jessanderson@utah.gov>, "Texas Rangers (2015)" <rangers@dps.texas.gov>, "lish.harris@utahtech.edu" <lish.harris@utahtech.edu>, "Molly Sween" <mollysween@weber.edu>, "Univ of Utah Criminology Dir. Heather Melton" <heather.melton@soc.utah.edu>, "chris.bertram@slcc.edu" <chris.bertram@slcc.edu>, "stephanie.hoffman@slcc.edu" <stephanie.hoffman@slcc.edu>, "Deseret News 2022" <dnweb@deseretnews.com>, "jsweeney@sltrib.com" <jsweeney@sltrib.com>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>
Sent: Tue, May 21, 2024 at 7:24 PM
Subject: Fw: TXOAG Rulings; still no docs to me from TCDA re: crime case
May 21, 2024
Dear Open Records Assistance Officials for the Attorney General of Texas state agency in Austin,
As I'm sure you are already very aware, Texas Assistant Attorney General James Graham in April 2024 issued a ruling legal letter----a copy of which was provided to me by your state agency ---- which stated that the Travis County District Attorney's Office in Austin, Texas, is legally required to immediately release to me, John Kevin McMillan of Salt Lake City, Utah, several or numerous legal documents that are responsive to my November 30, 2023, Open Records Request to that DA's Office in Austin.
That November 30, 2023, request of mine 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."
I hope to hear from you soon about this very important legal issue.
Best Wishes,
John Kevin McMillan, public information requestor and recent Open Records Complainant, 535 South 200 East, Apt. 117 (my new rental apartment unit number as of late this month), Salt Lake City, UT 84111.
My cell phone number: (512) 993-7305.
My Date of Birth: 4-27-1957. I was born in Lincoln, Nebraska.
With supporting legal documents below
Sent from AT&T Yahoo Mail on Android
(A) April 30, 2024, Legal Letter
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "OpenRecordsAssistance" <openrecordsassistance@oag.texas.gov>, "james.graham@oag.texas.gov" <james.graham@oag.texas.gov>, "anastasia.broadfoot@oag.texas.gov" <anastasia.broadfoot@oag.texas.gov>, "Josh Reno" <josh.reno@oag.texas.gov>, "jplumb@le.utah.gov" <jplumb@le.utah.gov>, "june.harden@oag.texas.gov" <june.harden@oag.texas.gov>, "sarah.eckhardt@senate.texas.gov" <sarah.eckhardt@senate.texas.gov>, "Univ of Utah Criminology Dir. Heather Melton" <heather.melton@soc.utah.edu>, "ACC Criminal Justice Dept. Chair Gerald Hildebrand" <gwhil@austincc.edu>, "Attorney General of Utah" <uag@utah.gov>, "james.turner@austintexas.gov" <james.turner@austintexas.gov>, "chris.leleaux@austintexas.gov" <chris.leleaux@austintexas.gov>, "michael.king@austintexas.gov" <michael.king@austintexas.gov>, "mike.brown@slcgov.com" <mike.brown@slcgov.com>, "mweichers@ch.utah.gov" <mweichers@ch.utah.gov>, "kirk.watson@austintexas.gov" <kirk.watson@austintexas.gov>, "letters@statesman.com" <letters@statesman.com>, "KXAN TV News Investigations" <reportit@kxan.com>, "Austin Chronicle Editors" <mail@austinchronicle.com>, "webteam@keyetv.com" <webteam@keyetv.com>, "news@dailytexanonline.com" <news@dailytexanonline.com>, "chad.atkinson@slcgov.com" <chad.atkinson@slcgov.com>, "leo.abila@slcgov.com" <leo.abila@slcgov.com>, "Deseret News 2022" <dnweb@deseretnews.com>, "Texas Tribune Editor in Chief Evan Smith" <esmith@texastribune.org>, "The Texas Tribune" <community@texastribune.org>, "jsweeney@sltrib.com" <jsweeney@sltrib.com>, "Molly Sween" <mollysween@weber.edu>, "donna.howard@house.texas.gov" <donna.howard@house.texas.gov>, "byu-info@byu.edu" <byu-info@byu.edu>, "Robert Kepple" <robert.kepple@tdcaa.org>, "Attorney General of Utah" <uag@utah.gov>, "lish.harris@utahtech.edu" <lish.harris@utahtech.edu>, "stephanie.hoffman@slcc.edu" <stephanie.hoffman@slcc.edu>, "State Bar of Texas Govt. Relations" <govt.relations@texasbar.com>, "communications@utahbar.org" <communications@utahbar.org>
Sent: Tue, Apr 30, 2024 at 1:37 PM
Subject: TXOAG Rulings; still no docs to me from TCDA re: crime case
April 30, 2024
Dear Very Honorable Government Officials, Law-Enforcement Officers, Criminologists, and Civic Leaders,
I was informed in writing yesterday about yet another legal ruling from the Attorney General of Texas
that relates to my still-unanswered November 30, 2023, public information request to the Austin-based Travis County District Attorney's Office.
That November 30 request from me 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."
Texas Assistant Attorney General James Graham also this month issued a ruling legal letter I received which stated that the Travis County District Attorney's Office is legally required to release to me, John Kevin McMillan of Salt Lake City, Utah, several or numerous legal documents that are responsive to my November 30, 2023, Open Records Request to that DA's Office in Austin.
As of today, April 29, 2024, neither the Travis County District Attorney's Office nor any official of the Travis County Attorney's Office in Austin has sent or mailed to me any legal document directly and specifically responsive to my November 30, 2023, Open Records Request to the Travis County DA.
The legal ruling letter from the Texas Attorney General's Office that I received yesterday was sent to me as an attachment to the following cover e-mail letter to me from Texas Assistant Attorney General June Harden:
______
From: "TEXAS AG Public Information" <texasag@govqa.us>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Mon, Apr 29, 2024 at 7:44 AM
Subject: [Records Center] Public Information Request :: R021160-020124
Attachments:
OR2024-013464.pdf
--- Please respond above this line ---
Please be advised that the Office of the Attorney General will withhold the remaining information in accordance with the attached ruling.
Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
Office of the Attorney General
To monitor the progress or update this request please log into the Public Records Center
GovQA logo
_____
(The exact verbatim text of the above-cited attached April 16, 2024, legal ruling that I received this Monday, April 29, from the Attorney General of Texas state agency in Austin:)
April 16, 2024
Ms. June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
Office of the Attorney General
Post Office Box 12548
Austin, Texas 78711-2548
OR2024-013464
Dear Ms. Harden:
You ask whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was originally received by the Open Records Division of this office and assigned ID# OR-24-009013-RR (OAG PIR No. R021160).
Preparation of this ruling has been assigned to the General Counsel Division of this office. The Office of the Attorney General (the “OAG”) received a request for information relating to a complaint filed with the OAG’s Open Records Division.
You state the OAG will release some of the requested information with redactions allowed by law. You claim the submitted information is excepted from disclosure under section 552.111 of the Government Code. We have considered the exception you claim and reviewed the submitted information. Section 552.111 of the Government Code excepts from disclosure “[a]n interagency or intra(-)agency memorandum or letter that would not be available by law to a party in litigation with the agency[.]” Gov’t Code § 552.111. This exception encompasses the deliberative process privilege. See Open Records Decision No. 615 at 2 (1993). The purpose of section 552.111 is to protect advice, opinion, and recommendation in the decisional process and to encourage open and frank discussion in the deliberative process. See Austin v. City of San Antonio, 630 S.W.2d 391, 394 (Tex. App.—San Antonio 1982, writ ref’d n.r.e.); Open Records Decision No. 538 at 1-2 (1990). In Open Records Decision No. 615, this office re-examined the statutory predecessor to section 552.111 in light of the decision in Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408 (Tex. App.—Austin 1992, no writ).
We determined section 552.111 excepts from disclosure only those internal communications that consist of advice, recommendations, opinions, and other material reflecting the policymaking processes of the governmental body. See ORD 615 at 5. A governmental body’s policymaking functions do not encompass routine internal administrative or personnel matters, and disclosure of information about such matters will not inhibit free discussion of policy issues among agency personnel. Id.; see also City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000) (section 552.111 not applicable to personnel-related communications that did not involve policymaking). A governmental body’s policymaking functions do include administrative and personnel matters of broad scope that affect the governmental body’s policy mission. See Open Records Decision No. 631 at 3 (1995). Further, section 552.111 does not protect facts and written observations of facts and events that are severable from advice, opinions, and recommendations. Arlington Indep. Sch. Dist. v. Tex. Attorney Gen., 37 S.W.3d 152 (Tex. App.—Austin 2001, no pet.); see ORD 615 at 5. But if factual information is so inextricably intertwined with material involving advice, opinion, or recommendation as to make severance of the factual data impractical, the factual information also may be withheld under section 552.111. See Open Records Decision No. 313 at 3 (1982).
This office has also concluded 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 with regard to 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 that will be released to the public in its final form. See id. at 2.
You state the submitted information consists of “a draft enforcement letter that has been released to the public in final form.” You also explain that the draft was made “in furtherance of the OAG’s policy of maintaining uniformity in application, operation, and interpretation of the PIA.”
Based on your representations and our review, we find the OAG may withhold the submitted information under section 552.111 of the Government Code.
This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.
This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor.
For more information concerning those rights and responsibilities, please visit our website at https://www.texasattorneygeneral.gov/opengovernment/members-public/what-expect-after-ruling-issued or call the OAG’s Open Government Hotline, toll free, at (877) 673-6839.
Questions concerning the allowable charges for providing public information under the Public Information Act may be directed to the Cost Rules Administrator of the OAG, toll free, at (888) 672-6787.
Sincerely,
Anastasia Broadfoot
Assistant Attorney General
General Counsel Division
ABB/mo
Ref: ID# OR-24-009013-RR
c: Requestor
___________
(B) April 26, 2024, Legal Letter
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "OpenRecordsAssistance" <openrecordsassistance@oag.texas.gov>, "james.graham@oag.texas.gov" <james.graham@oag.texas.gov>, "APD Officer James Turner" <james.turner@austintexas.gov>, "Mike King" <michael.king@austintexas.gov>, "Jalayne Robinson" <jalayne.robinson@tdcaa.com>, "chris.leleaux@austintexas.gov" <chris.leleaux@austintexas.gov>, "jeff.greenwalt@austintexas.gov" <jeff.greenwalt@austintexas.gov>, "APD Assistant Chief James Mason 2021" <james.mason@austintexas.gov>, "chad.atkinson" <chad.atkinson@slcgov.com>, "leo.abila" <leo.abila@slcgov.com>, "Robert Kepple" <robert.kepple@tdcaa.com>, "National District Attorneys Assn Crime Prevention" <nbunn@ndaajustice.org>, "media@naag.org" <media@naag.org>, "jsweeney@sltrib.com" <jsweeney@sltrib.com>, "letters@statesman.com" <letters@statesman.com>, "Fox News SLC 2022" <news@fox13now.com>, "news@ksl.com" <news@ksl.com>, "Deseret News 2022" <dnweb@deseretnews.com>, "kirk.watson@austintexas.gov" <kirk.watson@austintexas.gov>, "mballard@le.utah.gov" <mballard@le.utah.gov>, "Mike Schultz" <mikeschultz@le.utah.gov>, "Paul A. Cutler" <pcutler@le.utah.gov>, "Gay Lynn Bennion" <glbennion@le.utah.gov>, "State Rep. Angela Romero" <angelaromero@le.utah.gov>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>
Sent: Fri, Apr 26, 2024 at 10:56 AM
Subject: Fw: 4-23-24 Friendly Reply to TX Asst Atty Genl James Graham
April 26, 2024
Dear Texas Attorney General's Office Open Records Assistance Staff members in Austin, Texas,
Please note (below) that your state agency has already ruled that the Austin-based Travis County District Attorney's Office is legally required to release to me several or numerous legal documents that are responsive to my November 30, 2023, Open Records Request to that DA's Office in Austin.
My November 30, 2023, public information request to the DA's Office in Austin 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."
Please provide me with a follow-up letter as soon as possible that cites specific legal actions your state agency can or will pursue or is pursuing to obtain from the DA's Office in Austin a copy of each and every one of the above-cited responsive legal documents that I am legally entitled to receive from a legal representative for the Travis County DA.
Best Wishes,
Open Records Requestor and Open Records complainant John Kevin McMillan, 535 S 200 E, Apt. 912, Salt Lake City, UT 84111.
Sent from AT&T Yahoo Mail on Android
----- Forwarded Message -----
From: "John McMillan" <mcmillanj@att.net>
To: "james.graham@oag.texas.gov" <james.graham@oag.texas.gov>, "james.graham@texasattorneygeneral.gov" <james.graham@texasattorneygeneral.gov>, "APD Officer James Turner" <james.turner@austintexas.gov>, "William Costello" <william.costello@austintexas.gov>, "Lelan Larroque" <lelan.larroque@austintexas.gov>, "robin.henderson@austintexas.gov" <robin.henderson@austintexas.gov>, "jeff.greenwalt@austintexas.gov" <jeff.greenwalt@austintexas.gov>, "APD Assistant Chief James Mason 2021" <james.mason@austintexas.gov>, "Josh Reno" <josh.reno@texasattorneygeneral.gov>, "brent.webster@texasattorneygeneral.gov" <brent.webster@texasattorneygeneral.gov>, "Grant Dorfman" <grant.dorfman@texasattorneygeneral.gov>, "aaron.nielson@oag.texas.gov" <aaron.nielson@oag.texas.gov>, "aaron.nielson@texasattorneygeneral.gov" <aaron.nielson@texasattorneygeneral.gov>, "grant.dorfman@oag.texas.gov" <grant.dorfman@oag.texas.gov>, "brent.webster@oag.texas.gov" <brent.webster@oag.texas.gov>, "Josh Reno" <josh.reno@oag.texas.gov>, "City of Austin City Attorney Anne Morgan" <anne.morgan@austintexas.gov>, "kirk.watson@austintexas.gov" <kirk.watson@austintexas.gov>, "Robert Kepple" <robert.kepple@tdcaa.com>, "Shannon Edmonds" <shannon.edmonds@tdcaa.com>, "Jalayne Robinson" <jalayne.robinson@tdcaa.com>, "National District Attorneys Assn Crime Prevention" <nbunn@ndaajustice.org>, "joe.moody@house.texas.gov" <joe.moody@house.texas.gov>, "david.cook@house.texas.gov" <david.cook@house.texas.gov>, "drew.darby@house.texas.gov" <drew.darby@house.texas.gov>, "jeff.leach@house.texas.gov" <jeff.leach@house.texas.gov>, "ryan.guillen@house.texas.gov" <ryan.guillen@house.texas.gov>, "Rep. Vikki Goodwin (2019CentralTX)" <vikki.goodwin@house.texas.gov>, "Justin Holland" <justin.holland@house.texas.gov>, "Ellen Troxclair" <ellen.troxclair@house.texas.gov>, "brian.harrison@house.texas.gov" <brian.harrison@house.texas.gov>, "chad.atkinson" <chad.atkinson@slcgov.com>, "leo.abila" <leo.abila@slcgov.com>, "Cameron Roden" <croden@utah.gov>, "jessanderson@utah.gov" <jessanderson@utah.gov>, "Attorney General of Utah" <uag@utah.gov>, "Utah Citizens Against Physical and Sexual Abuse 2021" <info@capsa.org>, "Uag" <uag@agutah.gov>, "Adult Protective UT Supvr Chad Hansen" <cbhanse@utah.gov>, "jesus.garza@austintexas.gov" <jesus.garza@austintexas.gov>, "Deseret News 2022" <dnweb@deseretnews.com>, "newsmedia@ldschurch.org" <newsmedia@ldschurch.org>, "letters@statesman.com" <letters@statesman.com>, "Fox News SLC 2022" <news@fox13now.com>, "CBS News '60 Minutes' Editors and Reporters" <60m@cbsnews.com>, "University of Utah Student Newspaper 2022" <press@chronicle.utah.edu>, "NBC Nightly News Headqrtrs 2016" <contact.nbcnews@nbcuni.com>, "news@ksl.com" <news@ksl.com>, "KXAN TV News Investigations" <reportit@kxan.com>, "news@texasmonthly.com" <news@texasmonthly.com>, "State Bar of Texas Govt. Relations" <govt.relations@texasbar.com>, "communications@utahbar.org" <communications@utahbar.org>, "Texas Freedom of Info Fdn 2020" <kelley.shannon@foift.org>, "Texas Tribune Editor in Chief Evan Smith" <esmith@texastribune.org>, "Texas Observer Editors" <editors@texasobserver.org>, "news@dailytexanonline.com" <news@dailytexanonline.com>, "Crimevictims GV" <crimevictims@utah.gov>, "Salt Lake County (UT) District Attorney 2022" <districtattorney@slco.org>, "National Association of Broadcasters 2021" <nab@nab.org>, "Office for Victims of Crime (U.S. DOJ)" <itverp@usdoj.gov>, "Crime Victims' Institute2020 Sam Htn State U" <crimevictims@shsu.edu>, "Office for Victims of Crime U.S. Justice Dept." <ttac@ovcttac.org>, "DOJ Sexual Harassment in Housing Initiative (CRT)" <sexualharassment.inhousing@usdoj.gov>, "elder.justice@usdoj.gov" <elder.justice@usdoj.gov>, "Rep. James Talarico (2019 Central TX)" <james.talarico@house.texas.gov>, "State Senator Sarah Eckhardt 2020" <sarah.eckhardt@senate.texas.gov>, "Rep. Sheryl Cole (2019 CentralTX)" <sheryl.cole@house.texas.gov>, "StateRep.DonnaHoward" <donna.howard@house.texas.gov>, "Drew Springer" <drew.springer@senate.texas.gov>, "TXGov Child Sex Trafficking Team 2020" <cstt@gov.texas.gov>, "Office of Gov. Spencer Cox" <govcomm@utah.gov>, "Utah Lt. Gov. Deidre Henderson 2021" <beckiepage@utah.gov>, "Mayor Wilson" <mayor@slco.org>, "erin.mendenhall@slcgov.com" <erin.mendenhall@slcgov.com>, "District 1" <district1@austintexas.gov>, "District 2" <district2@austintexas.gov>, "District 3" <district3@austintexas.gov>, "District 4" <district4@austintexas.gov>, "Austin City Council Member Ann Kitchen (2016)" <district5@austintexas.gov>, "Council Member Mackenzie Kelly (2021)" <district6@austintexas.gov>, "District 7" <district7@austintexas.gov>, "Austin City Council Member Paige Ellis (2021)" <district8@austintexas.gov>, "district9@austintexas.gov" <district9@austintexas.gov>, "Austin City Council Member Alter (2021)" <district10@austintexas.gov>, "ACC Criminal Justice Dept. Chair Gerald Hildebrand" <gwhil@austincc.edu>, "Texas Rangers (2015)" <rangers@dps.texas.gov>, "steven.mccraw@dps.texas.gov" <steven.mccraw@dps.texas.gov>, "jessanderson@utah.gov" <jessanderson@utah.gov>, "City Auditor of Austin" <austinauditor@austintexas.gov>, "Austin City Auditor Corrie Stokes (2016)" <corrie.stokes@austintexas.gov>, "nbauer@abc4.com" <nbauer@abc4.com>, "Jennifer Gardiner" <jgardiner@abc4.com>, "Texas Apartment Association" <communications@taa.org>, "Utah Apartment Association 2022" <info@uaahq.org>, "Texas Association Against Sexual Assault (2015)" <rluna@taasa.org>, "Rape Abuse and Incest National Network" <info@rainn.org>, "Utah Restaurant Association 2022" <info@utahrestaurantassociation.org>, "public.information@texasattorneygeneral.gov" <public.information@texasattorneygeneral.gov>, "TRA General Counsel Kenneth Besserman" <kbesserman@tramail.org>
Sent: Tue, Apr 23, 2024 at 10:02 PM
Subject: 4-23-24 Friendly Reply to TX Asst Atty Genl James Graham
To: Texas Assistant Attorney General James M. Graham, Attorney General of Texas state agency, Education and Enforcement Section, Open Records Division, P.O. Box 12548, Austin, Texas 78711-2548.
Office phone: (512) 463-2100.
April 23, 2024
Dear Texas Assistant Attorney General Graham,
Thank you for your very helpful and encouraging April 18, 2024-dated e-mail reply legal letter to me that contained a legal ruling from your state agency you sent to me, with a carbon-copy of that letter having been addressed to an official of the Travis County DA's Office in Austin.
I especially appreciated this April 18 written statement of yours to me:
"If you feel the district attorney’s office has not complied with the ruling, you may send additional written comments to this office."
Your April 18 legal letter to me was in regard to my December 2023 Open Records Complaint to the Attorney General of Texas.
My legal complaint alleged that the Open Records Coordinator for the Travis County District Attorney's Office in Austin allegedly failed to provide me with any written document responsive to my narrowly focused November 30, 2023, Open Records Request to that DA's Office.
(On December 28, 2023, your Attorney General of Texas Open Records Division assigned to that Open Records complaint from me the official identification number of OR-23-103287-IC.)
My November 30, 2023, public information request to the DA's Office in Austin 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."
As of 9:55 p.m. Mountain Time tonight, Tuesday, April 23, 2024, I myself still have not received any legal document from the Travis County DA's Office Open Records Coordinator -----or from the Travis County Attorney's Office acting on behalf of Travis County DA Jose Garza's Open Records Coordinator ---that was directly and specifically responsive to my November 30, 2023, Open Records Request to their county government agency in Austin.
Texas Assistant Attorney General Graham, I would appreciate receiving a follow-up letter from you in regard to whether your Open Records Division in Austin is able to obtain for me and directly send to me---- or have sent to me by the DA's Office or County Attorney's Office in Austin--- a copy of each of the specific legal documents responsive to my November 30, 2023, request that you have specifically ordered the Travis County DA's Office to release to me.
Thank you in advance for your very kind assistance to me on this very important legal issue for me.
Sincerely and Best Wishes,
Current Open Records Complainant John Kevin McMillan, 535 South 200 East, Apt. 912, Ninth Floor, Salt Lake City, UT 84111.
My Date of Birth: 4-27-1957. My Place of Birth: Lincoln, Nebraska.
My cell phone number ever since August 2019:
(512) 993-7305.
My current home phone number: (801) 355-0850.
_____
Mr. Graham, as a courtesy to yourself I am also sharing with you today the exact verbatim texts of the e-mail communications that your Attorney General of Texas state agency sent to me on April 18, 2024:
From: "OpenRecordsAssistance" <OpenRecordsAssistance@oag.texas.gov>
To: "mcmillanj@att.net" <mcmillanj@att.net>
Sent: Thu, Apr 18, 2024 at 10:17 AM
Subject: Office of the Attorney General, Open Records Division ID# OR-23-103287-IC
Dear Mr. McMillan:
Please see the attached regarding ID# OR-23-103287-IC.
If you have any questions, please call the Open Government Hotline at (877)-673-6839.
Sincerely,
Education and Enforcement Section
Open Records Division
PLEASE NOTE: ORD does not respond to questions sent to this e-mail address. If you need further assistance, please contact the Open Government Hotline at 1-877-673-6839.
____
The exactly quoted attached legal letter from you I received after downloading the following legal letter of yours online:
April 18, 2024
Mr. John Kevin McMillan (a former Austin (TX) resident now residing in Salt Lake City, Utah, as a permanent resident of Utah ever since January 1, 2023).
Sent via e-mail.
Dear Mr. McMillan:
You requested assistance from the Office of the Attorney General (the “OAG”) in obtaining information from the Travis County District Attorney’s Office (the “district attorney’s office”) under the Public Information Act (the “Act”), chapter 552 of the Government Code.
Your correspondence was assigned ID# OR-23-103287-IC.
The district attorney’s office requested a ruling from this office regarding the requested information and our office issued Open Records Letter No. 2023-043598 (2023) on December 21, 2023.
Open Records Letter No. 2023-043598 concluded (1) with the exception of the information we marked for release, the district attorney’s office may withhold the information it marked under section 552.107(1) of the Government Code; (2) to the extent the e-mail addresses within the remaining information belong to members of the public and are not excluded by subsection 552.137(c) of the Government Code, the district attorney’s office must withhold such e-mail addresses under section 552.137 of the Government Code, unless the individuals to whom the e-mail addresses belong affirmatively consent to their release; and (3) the remaining information must be released.
Accordingly, as this office addressed the requested information in a letter ruling, we are closing our file on your complaint.
If you feel the district attorney’s office has not complied with the ruling, you may send additional written comments to this office.
Should you have any questions regarding this letter, please call the Open Government Hotline at (877) 673-6839.
Sincerely,
James M. Graham
Assistant Attorney General
Education and Enforcement Section
Open Records Division
Post Office Box 12548,
Austin, Texas 78711-2548
(512) 463-2100
www.texasattorneygeneral.gov
JMG/cj
Ref ID# OR-23-103287-IC
c: Susie Duttinger
Open Records Division Coordinator
Travis County District Attorney's Office
Sent via e-mail.
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