ATTORNEY GENERAL OF TEXAS ON APRIL 10, 2019, OFFICIALLY RULES ON A PUBLIC-INFORMATION COMPLAINT OF MINE AGAINST THE TRAVIS COUNTY DISTRICT ATTORNEY'S OFFICE IN AUSTIN

(BELOW IS THE ENTIRE TEXT OF THE THREE-PAGE OFFICIAL LEGAL LETTER SIGNED BY ASSISTANT ATTORNEY GENERAL JAHNNA WARD FOR WHICH A COURTESY CARBON-COPY WAS MAILED TO ME AS THE CITED CURRENT COMPLAINANT AGAINST THE TRAVIS COUNTY DISTRICT ATTORNEY's OFFICE IN AUSTIN, TEXAS. I RECEIVED MY COPY OF THIS THREE-PAGE RULING FROM U.S. POSTAL SERVICE MAIL DELIVERY TO MY APARTMENT UNIT MAILBOX AT VILLAGE OAKS APARTMENTS ON APRIL 11, 2019. MY PUBLIC-INFORMATION COMPLAINT AGAINST TRAVIS COUNTY DISTRICT ATTORNEY MARGARET MOORE's GOVERNMENT AGENCY IN AUSTIN HAS BEEN ASSIGNED THE OFFICIAL IDENTIFICATION NUMBER OF 753295 BY THE ATTORNEY GENERAL'S OFFICE IN AUSTIN. --- jkm)

KEN PAXTON
ATTORNEY GENERAL OF TEXAS
Post Office Box 12548,
Austin, Texas 78711-2548
(512) 463-2100
www.texasattorneygeneral.gov

April 10, 2019

Ms. Ann-Marie Sheely
Assistant County Attorney
Travis County Attorney's Office
P.O. Box 1748
Austin, Texas 78767

Dear Ms. Sheely:

We issued a determination regarding the above referenced cost complaint on February 28, 2019. Since that time, Mr. McMillan has made this office aware of a clerical error in the initial letter. Accordingly, we hereby withdraw the determination issued on February 28, 2019. This letter is substituted for the previous letter and serves as the correct determination.

This office has received a complaint from Mr. John (Kevin) McMillan alleging the Travis County District  Attorney's Office (the "district attorney's office") is overcharging for copies of public information (directly referring to himself) under the Public Information Act (the "Act"), chapter 552 of the Government Code. The complaint was assigned ID# 753295.

The district attorney's office received a (November 28, 2018-dated written) request for e-mail communications between named individuals (six respective high-ranking officials at the DA's Office in Austin) referencing the requestor (John Kevin McMillan of Austin District 10) during a defined (most recent approximately two-year) period of time.

The district attorney's office provided the requestor (John Kevin McMillan of northwest Austin) an estimate in the amount of $103.50.

The requestor filed a complaint because he believes the charges are excessive. After receiving the complaint, this office asked the district attorney's office to respond to a series of questions in order to determine if the charges were appropriate. The district attorney's office has provided a response to those questions.

Initially, we address any information that will be redacted. When confidential information is mixed with public information in the same page, a labor charge may be recovered for time spent to redact the confidential information, but not to redact information that falls with a discretionary exception. See 1 T.A.C. 70.3(d)(4); see also Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions in general). 

The district attorney's office states it may need to redact information subject to sections 552.101, 552.108, 552.111, and 552.137 of the Government Code. We note information subject to section 552.137 of the Government Code may be withheld without requesting a ruling from this office((footnote)1). ((1) Open Records Decision No. 684 is a previous determination to all governmental bodies authorizing them to withhold certain information, including e-mail addresses of members of the public subject to section 552.137 of the Government Code, without the necessity of requesting an attorney general decision.)

However, in order to withhold information subject to sections 552.101, 552.108, and 552.111 of the Government Code, the district attorney's office must request a ruling from this office or rely upon a previous determination from this office. See Gov't Code 552.301; Open Records Decision No. 673 (2001) (listing elements of previous determinations under section 552.301(a) of the Government Code). 

Upon receiving a ruling from this office or determining information is subject to a previous determination, the district attorney's office may include the time spent redacting confidential information in its cost estimate for labor. See 1 T.A.C. 70.3(d)(4). However, the district attorney's office may not charge for time required to redact information subject to only discretionary exceptions found under the Act, including sections 552.108 and 552.111 of the Government Code. See 1 T.A.C. 70.3(d)(4); see also Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions in general).

Next, we address the tasks performed in order to provide the requested information to the requestor (John Kevin McMillan of Austin District 10). The cost rules promulgated by this office allow a governmental body to charge $28.50 per hour for time spent programming. See 1 T.A.C. 70.3(c); see also Gov't Code 552.003(4) (defining programming); 552.262(a) (governmental body may charge up to twenty-five percent more than amount established in cost rules). Programming is defined as "the process of producing a sequence of coded instructions that can be executed by a computer.(") See Gov't Code 552.003(4). The district attorney's office states its Information Technology Services ("ITS") personnel created a "new search in GUI and command line format, to manipulate and reorder the request into a Boolean format of key terms and phrases that the system can recognize, and to program a sequence of the coded instructions to be executed." The district attorney's office also states these tasks do not include the time required for the computer to run the programmed search. Upon review, we agree the tasks described meet the definition for programming. Accordingly, the district attorney's office may generally charge $35.63 an hour for the time necessary to complete these tasks.

We note labor may be charged at $15.00 per hour for time spent locating, compiling, reproducing, and manipulating data. See 1 T.A.C. 70.3(d). We understand the district attorney's office based its estimate on prior experience. The district attorney's office estimates it will require one hour to "gather and sort the information from the [ITS search], organize and compile the emails, prepare the emails in a format that can be released to the requestor[,] and electronically redact any information that would be protected under [the Act]." 

The district attorney's office states it may be necessary to convert e-mails to PDF to redact confidential information. Upon review, we find the tasks of gathering, compiling, preparing the e-mails for release, and redacting confidential information qualify as labor.
Accordingly, we find the district attorney's office may generally charge $15.00 per hour to complete these tasks. 

However, the district attorney's office has failed to explain why it is necessary to organize the e-mails before providing them to the requestor (John Kevin McMillan of Austin District 10). Accordingly, we find this task does not meet the definition of labor, and the district attorney's office may not charge labor for the time necessary to complete this task. Further, the district attorney's office may not charge for labor or programming if no responsive information is found.

In addition, the district attorney's office may assess an overhead charge of twenty percent of the total allowable labor and programming associated with providing responsive information to the request. See id. 70.3(e)(3). However, if there is no appropriate labor or programming charge, the district attorney's office may not charge any overhead. See id.

In summary, the district attorney's office may generally charge $35.63 per hour for the programming required to produce the requested information. The district attorney's office may also generally charge $15.00 per hour for gathering, compiling, preparing the e-mails for release, and redacting confidential information. The district attorney's office may assess an overhead charge of twenty percent of the total allowable labor and programming associated with providing responsive information to the request. 

However, if the district attorney's office does not locate any responsive information, the district attorney's office may not charge the requestor (John Kevin McMillan of Austin District 10) for labor, programming, or overhead.

Within five business days of receiving this letter, the district attorney's office is required to notify the requestor (Mr. McMillan) in writing of the amended charges, if any, to receive copies of the requested information in a statement that complies with 552.2615 of the Government Code. The district attorney's office is also required to provide this office a copy of that communication. We will consider this file closed.

If you have any questions or need further assistance, please contact us at (888) 672-6787.

Sincerely,

Jahnna Ward
Assistant Attorney General
Education and Enforcement Section
Open Records Division

JW/vd

Ref: ID #753295

c: Mr. John Kevin McMillan
10926 Jollyville Road, #1609
Austin. Texas 78759
___________
(THE FOLLOWING IS THE EXACT VERBATIM TEXT OF MY NOVEMBER 28, 2018-DATED E-MAIL OPEN RECORDS REQUEST TO THE TRAVIS COUNTY DISTRICT ATTORNEY's OFFICE THAT PROMPTED THE TRAVIS COUNTY ATTORNEY's OFFICE IN AUSTIN, TEXAS, TO REQUEST A RULING FROM THE ATTORNEY GENERAL OF TEXAS IN AUSTIN:)

From: John McMillan

To: DAOpenRecordsRequests@traviscountytx.gov ; Gerald Daugherty ; Texas Legal legal-aid service (2015) ; Governor's Office of Texas Open Records Administrator ; Public Information ; Texas Rangers Division of DPS ; Austin Mayor Steve Adler ; sally.hernandez@traviscountytx.gov ; FBI Dallas Bureau ; U.S. Department of Homeland Security ; City of Austin Interim City Attorney Anne Morgan ; Joyful Heart Foundation for Rape Victims ; Texas DPS Office of General Counsel ; Office for Victims of Crime (U.S. DOJ) ; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Gina Hinojosa ; Kirk Watson ; Crime Report Ed. Stephen Handelman (2016) ; Florida Sexual Crimes Investigators Assoc Pres. Minton (2016) ; Florida Sexual Crimes Investigators Assn. Exec Dir Moore (2016) ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy (2016) ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; TRA General Counsel Kenneth Besserman ; joe.moody@house.texas.gov ; district9@austintexas.gov ; Casework Mccaul ; central_texas@cruz.senate.gov ; cruz_press@cruz.senate.gov ; Texas Department of Health and Human Services Ombudsman ; Rainn Info ; Safeplace Info ; Safeaustin Info ; Texas Dept. of Public Safety Officers Assn. President ; TBPP General Counsel Bettie Wells ; Austin City Council Member Delia Garza (2015) ; District 8 ; Austin City Council Member Ann Kitchen (2016) ; district6@austintexas.gov ; Austin City Auditor QA Coordinator (2016) ; Superintendent ; The University of Texas at Austin ; ACC President Richard Rhodes ; ACLU ; Dawnna Dukes ; State Rep. Eddie Rodriguez (Austin area) ; StateRep.DonnaHoward ; statesman ; Texas Observer Editors ; Austin Chronicle Editors ; news@cbsaustin.com ; KXAN TV News Investigations ; Williamson County (TX) Attorney (2016) ; Travis County Intergovernmental Relations Coordinator Eckstein ; jalayne.robinson@tdcaa.com ; robert.kepple@tdcaa.com ; Houston Police Dept (2015) ; Cedar Park (TX) Police (2016) ; Leander Police Chief Minton ; Pflugerville (TX) Police Chief Charles Hooker (2016) ; martina.st.louis@austintexas.gov ; APD Officer Dean Tran ; justin.newsom@austintexas.gov ; Attorney Cousin Jack Dane ; smccown@law.utexas.edu ; Cousin Jim Dane ; Cousin Jim Dane ; IowaAttyGeneralTomMiller 

Sent: Wednesday, November 28, 2018, 10:53:54 PM CST

Subject: 11-28-18 PIR re: six high-ranking TC DA's Office reps and me

To: Open Records Coordinator,
Travis County District Attorney's Office,
Travis County Government,
Street address: 
509 West 11th Street, 
Suite 1.700,
Austin, TX 78701
Mailing address: 
P.O. BOX 1748,
Austin, TX 78767
Office FAX: 512-854-9534

Main phone number of the Travis County District Attorney's Office: 
(512) 854-9400.

November 28, 2018

Dear Travis County District Attorney's Office Open Records Requests Administrator in Austin, Texas,

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail communications that respective high-ranking officials Don Clemmer, Gregg Cox, Dayna Blazey, Mike Lummus, Beverly Matthews, and Dexter Gilford of your Travis County District Attorney's Office in Austin, Texas, have each written or received at any time since January 3, 2017, and that, in each and every such case, referred at least once in any manner to myself, John Kevin McMillan of northwest Austin.

EXCLUDED from the scope of this public-information request are any and all written communications that were exclusively and solely written by myself, John Kevin McMillan of northwest Austin.

I am a gainfully-employed, permanently-drinking-alcohol-free, lifelong-tobacco-free, single adult Anglo male resident of the same county government precinct---precinct 3---in which Travis County Commissioner Gerald Daugherty resides. Mr. Daugherty, a Republican, reportedly is the primary county commissioner who officially represents me on the Travis County Commissioners Court.

On September 14, 2018, I received a surprising E-mail letter from Travis County Assistant County Attorney Ann-Marie Sheely. That letter directly stated to me in writing for the first time ever that County Commissioner Daugherty's office in recent years sought and obtained legal advice from attorneys of the Travis County Attorney's Office in regard to myself. 

That disclosure to me was offered in the context of an official September 14, 2018, signed legal letter submitted by Ms. Sheely to the Attorney General of Texas on behalf of Commissioner Daugherty, a copy of which was provided to me by Ms. Sheely. Her legal letter sought official permission from that state agency for County Commissioner Daugherty to withhold from me records of those legal consultations his office had had with the county attorney's office in regard to myself.

On April 27, 2015, a birthday for me, I was interviewed in person at your Travis County District Attorney's Office by two DA's Office "Critical Incident Unit" investigators, Lt. Roger Dean and Sergeant Jose Ballesteros. 

On September 26, 2014, I signed for and received inside the Balcones Post Office along Jollyville Road in northwest Austin a certified-delivery official September 23, 2014-dated, signed legal letter on official Travis County District Attorney's Office letterhead that was directly addressed to me. 

That letter was written and signed by Travis County Assistant District Attorney Rob Drummond. That official DA's Office letter addressed to me directly cited "your complaint of December 18, 2013, regarding the conduct of the Austin Police Department."

That same certified-delivery legal letter to me from your DA's Office in Austin also stated, among other things, that "Our inquiry revealed that APD continues to maintain the evidence gathered on December 22, 2011. In addition, they have noted that the Travis County District Attorney's Office has requested the said evidence continue to be maintained. This resolves our inquiry. As we explained to you, the decision as to how to utilize investigative resources in a sexual assault allegation falls within the purview of the Austin Police Department. Therefore, we believe our involvement in this matter is concluded and our office will take no further action.
"Sincerely,
"Rob Drummond
"Assistant District Attorney
"Travis County".

My legal name is John Kevin McMillan. I was born on April 27, 1957, at Lincoln, Nebraska. 

I have resided in Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.

I am a former full-time employee here in Austin of the "Texas Department of Public Safety" state law-enforcement agency. I am also a former full-time employee here in Austin for the "Texas Board of Pardons and Paroles" and the "Texas Department of Criminal Justice" state agencies, respectively.

I am also the founder and only current approved member of a new and non-Christian and implicitly-deistic "Honor Society" religion --- a religion publicized on local community-access television throughout the greater Austin area around the turn of the century. Several persons in the Austin area have told me they either dislike my religion intensely or do not regard it as comprising an actual or true religion.

That religion of mine is anti-drinking-alcohol and anti-tobacco and anti-marijuana, anti-medical-marijuana, anti-facial-hair-minded, anti-tattoos-minded, opposed to anonymous communications that are inflicted on someone against his wishes, opposed to deliberately fraudulent communications, anti-noise-pollution-minded, anti-thought-control-projects-minded, and anti-stalking, and also adamantly opposed to sexual assaults.

My religion, the "Progressive Prohibitionist Religion", has very stringent membership-eligibility guidelines. 

During the time period applicable to this public information request, I myself resided as an official rent-paying tenant or official rent-paying occupant at the following apartment units: 

---Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759, the home address for me from late September 2015 until early September 2017.

---Village Oaks Apartments, 10926 Jollyville Road, Building 16, Apartment 1609, Austin, Texas, 78759, the home address for me ever since early September 2017, including at present.

I hope to hear from you soon in response to this public-information request from myself.


Please let me know as soon as possible if you sense that you might have to charge me more than $20 in administrative fees you expect to incur from processing this public-information request from myself. 

Sincerely and Best Wishes, 

John Kevin McMillan, a former resident of the Boston area of Massachusetts who is myself a certified direct descendant of the Rev. William Brewster---the great Puritan religious leader who served as Head Chaplain on the Mayflower and as an adviser to Plymouth Colony Governor William Bradford in what is now the U.S. Commonwealth or state of Massachusetts. 

My current home address: Village Oaks Apts. (a NW Austin apartment complex reportedly owned by a highly-regarded for-profit corporation that's headquartered in Newton, Mass.), 10926 Jollyville Rd., Bldg. 16, Apt. 1609, Austin, Texas, 78759. 
Home phone: (512) 342-2295. 
My Blog: http://www.johnkevinmcmillan.blogspot.com

A POWERFUL FREE RESEARCH TOOL FOR ANYONE WHO HAS AN AUSTIN (TX) PUBLIC LIBRARY BORROWING CARD:

I was informed several days ago by a very helpful staff member at an Austin Public Library branch library in northwest Austin that anyone with a regular Austin Public Library ID card can pursue free online research about a wide array of topics, including very recent medical research findings, by visiting the following webpage:

https://library.austintexas.gov/virtual

Those for whom Spanish is their primary language may visit the alternative webpage of:

https://library.austintexas.gov/es-virtual

A staff member for the Austin Public Library informed me on the telephone on Monday, April 8, that persons  who reside outside of Austin or in another U.S. state can pay a fee to obtain an Austin Public Library ID card. That ID card will then enable them to visit the above-cited website and make full use of the Austin Public Library's "virtual library" online data-base services and other online services.

More information about how those out-of-town residents or out-of-state residents can obtain year-round access to the Austin Public Library's "virtual library" online data-base services is provided at the following website: 

http://www.library.austintexas.gov/mylibrarycard

IF I HAD BEEN AN ASSISTANT EDITOR AT THE NEW YORK TIMES, I WOULD HAVE ALSO SOUGHT NEWS COVERAGE FROM THE TIMES ON THE FOLLOWING ADDITIONAL SUBJECTS:

---Is the Global Warming Effect proving to be, ironically, a huge financial boon to the marine-science or oceanography programs affiliated with various American universities? It seems possible that the Woods Hole Oceanography Institute in Massachusetts, for instance, may be receiving a lot more foundation grants these days because of the urgent need for additional research relating to the Global Warming Effect.

---In which ways is the growing emphasis on sexual harassment in politics prompting politicians of today to minimize all of their own physical contact with their staff members, donors, and admirers? Has any government official developed a handshakes-only policy in order to prevent any potential "scandalous news" from developing in which a former or current staff member of a male political leader alleges that he sexually harassed or sexually assaulted herself?
Are any American politicians of today also declining to themselves be kissed on the cheek or on the lips by any of their admirers or donors? 
One angle to this type of story is that the emerging puritanism in American politics poses a very sharp contrast to the style of Russian and Italian political leaders, for instance. When President Trump hosts a visitor from a foreign nation where kissing on the cheek or kissing on the lips or hugging is customary in politics and government, will President Trump now feel obligated to limit his own physical contact with those visiting dignitaries and their wives to a handshake?

---Is it safe for Americans to consume a food product that was manufactured or processed in Mexico? This question arises partly because from what I understand, Mexico to this day does not have adequate sewage treatment facilities, which undermines Mexican businesses's ability to offer sanitary and healthful food products to American consumers.

---Has President Trump, a world-famous realtor, pursued any actions during his Presidency that were specifically aimed at punishing, or harming the finances of, any other commercial real-estate owners or managers in New York City?

---Does Donald Trump have any possible ties to any organized crime group, or any history of ties to any organized crime group in the United States?

---Which five U.S. states are receiving the lowest per-capita levels of federal aid during the Trump Administration years? What percentage of those five states cast the majority of their votes for Mrs. Hillary Clinton in the 2016 Presidential Election? Is there any evidence that President Trump may have possibly violated the law by allegedly attempting to reduce federal funding levels to some or many of the U.S. states that voted for Mrs. Hillary Clinton in 2016?

---Does the Trump Administration exhibit an anti-mass-transit bias? If so, which planned mass-transit construction projects are being put on hold during the Trump Presidency? Does Mr. Trump's anti-mass-transit bias and accompanying emphasis on automobiles and trucks in transportation exacerbate the Global Warming Effect by triggering an increase in carbon-dioxide levels being released by motor-vehicle traffic in the United States?

---Do any of the numerous federal officials who received a "You're fired!" in-person dismissal from President Trump now believe that they themselves have factual evidence against Mr. Trump that is sufficient to lawfully and in a civil manner remove him from elective office? If so, has the New York Times attempted to interview each and every one of those former federal officials who currently have a critical vantage point toward Mr. Trump?

---Is there any evidence that Donald Trump has allegedly made any payments of money, whether directly or indirectly, or allegedly perpetrated any outright bribery payments, or established any unethical business ties to the one media company, Fox News, that reportedly has been the most consistent in supporting and defending Mr. Trump's conduct as President?

---Food products containing hemp as a featured "ingredient" are appearing all over the American supermarket these days. Many Americans, myself among them, are uncomfortable with that trend. What is the point of adding hemp to food products? Is there any nutritional value or health benefit from eating a processed food product that contains hemp as an ingredient? Another concern is that the growing amount of cropland in the U.S. and Canada that is now being converted from raising fruits or vegetables or grains to  instead raising and harvesting marijuana and hemp, is depriving the American consumer of truly healthful fruits and vegetables and grains that have NOTHING to do with "hemp" or "marijuana".

---Many Americans have been subjected to the propaganda, such as in the form of bumpersticker messages, from pro-marijuana activists declaring that "we can all achieve world peace if everyone, including our heads of state, lights up a joint or smokes a marijuana cigarette." Is there any evidence that the trend toward legalization of marijuana in the U.S., Canada, and other nations is contributing in any way toward the goal of world peace and harmony?

---Of the various anti-stalking and accompanying anti-spying laws (?) that various state legislatures have approved, which state law has appeared to be the most successful at deterring that type of outrageously criminal activity for residents of that state?

--Does any foreign nation have stricter laws than the U.S. for prohibiting stalking or certain types of spying on someone?

---Which was the most recent factually documented case of a possibly or flagrantly illegal thought-control project that the U.S. Government either sponsored or had an alleged role in? I am reminded of this question by recalling a statement to me several years ago by a Boston-based attorney, who volunteered to me during a long-distance phone conversation I had with him from Austin, Texas, that I myself may have been victimized by a federally sponsored "thought-control project" during a prior period of my own life when I resided in the Boston area.
One angle to this type of story might be: Does federal law at present adequately protect American citizens from being subjected against their wishes to any type of thought-control project?

---Are there any trends toward harmonious inter-generational group housing programs or arrangements in New York City? Do sociologists and psychologists and members of the clergy maintain that intergenerational group-housing arrangements are significantly beneficial to New Yorkers, and to American society?

---How has New York's Italian-American Governor, Andrew Cuomo, avoided having any ties to the Mafia? Has Mr. Cuomo's apparent success in that way set an example for other Italian-American political leaders who seek to hold elective office?
This type of story would be of particular interest to the many Times readers who recall that another New Yorker, Geraldine Ferraro, in a prior decade suffered a major setback during a Presidential campaign when it was revealed that her husband allegedly had ties to the Mafia.

---Has the Italian-American governor of New York, Mario Cuomo, ever presided over a teach-in workshop in New York for politically ambitious Italian-Americans seeking to avoid any Mafia ties ---- a workshop in which Mr. Cuomo offers those Italian Americans specific guidance on how they can follow his own admirable example through their own political careers and government-service careers of never having or permitting ANY compromising ties to the Mafia?

---Is there any civic group or consulting firm in New York State or New Jersey that offers expert advice to Italian-American politicians on how they can avoid developing any ties to any Mafia group?

---Is there any Italian-American civic group anywhere in New York State or New Jersey that takes pride in conducting extensive background checks on prospective and current members that weed out any prospective or current member who is found to have or suspected of having any ties to the Mafia?

---In the last several years, a rabbi was arrested in New Jersey who was accused of allegedly having ties to a Jewish Mafia. That shocking news story suggests the need for a follow-up story exploring whether the Jewish Mafia presence in New Jersey and New York is on the decline, increasing, or about the same as when that rabbi was arrested and charged with a felony crime. Many Americans are not aware of a "Jewish Mafia", so this type of follow-up story could perform a valuable public service.

---Has the state law inviting corporations to relocate to New York without having to pay state income taxes for a multi-year period, significantly improved the economy throughout New York? Which counties or cities of New York, if any, maintain that they have not benefited from that law? Is there any evidence of any harmful consequences for New York and the taxpayers of New York from the well-publicized campaign by the State of New York to lure new businesses into the Empire State?

---Do any anti-profanity activists maintain that President Trump's frequent alleged use of profanity and obscene speech have undermined their own ability to promote non-profane, civil, and factually-based speech by all Americans?

---Is President Trump the first U.S. President this century to acquire a reputation for being a California hater? Which previous U.S. President, if any, had a reputation of that type? Another angle to this type of story might be to explore which other influential Americans, including civic and religious leaders, currently have or have had a reputation for being haters of California.

---Some Americans, myself among them, may have noticed that is very difficult to obtain an e-mail address for President Donald Trump and directly write to him. Does President Trump have any response to those who maintain that their being unable to obtain a direct e-mail address for the President has prompted them to wonder whether Mr. Trump is sincerely devoted to the goals of "transparency" and "accountability" in the White House.

---In which ways has the recent relocation of the Times's news and editorial departments to a new building, played a role in any recent transformation of the Times Square scene? Has the crime rate at Times Square increased or decreased after the New York Times moved its main building to a nearby location in New York? Also, is there any attempt by any civic group to rename Times Square? Which reasons does that civic group cite for seeking to change the name of Times Square? It's noteworthy that The New York Times traditionally has declared that it publishes "all the news that's fit to print". Many of the "news" developments this century originating at the square bearing the newspaper's name, have been unsavory or scandalous to the point of shocking or heinous.

---A Times feature story could promote several of the very best new cookbooks that are designed to serve heart patients with a need for low-saturated fat and low-sodium culinary dishes. Is there a trend toward cookbooks for each cuisine that bear the name "The Heart-Healthy Cajun Cookbook" or "The Heart-Healthy Mexican Cookbook" or "The Heart-Healthy Canadian Cookbook", for instance. Has the New York Times publishing company considered editing and publishing a "Heart-Healthy Recipes from Around the World" or "Heart-Healthy United Nations" cookbook that offers nutritious and tasty low-sodium dishes and beverages for heart patients and anyone seeking to avoid developing heart disease.

---Everyone knows that Fox News is President Trump's favorite television media company. But most Americans are not aware of which radio stations and which newspapers or magazines have been among the "favorites" of Trump that are most likely to be granted an interview with the President. A story on these other "favorites of Trump" might be intriguing.


---Are there any plans for New York Times columnist Jane Brody to author a new book offering guidance on how readers can achieve age 80 or 90 or 100 and still be creatively vital and ambulatory? Since Ms. Brody appears to be an expert on that subject, a new book by herself that's exclusively dedicated to that theme could help to save many thousands of lives. One possible idea for this type of book project: It could be published as a multi-part interview with Jane Brody on the logical steps that Times readers can pursue to enjoy a full and creatively vital lifespan.

---Has there been a decline or increase in the percentage of all Israeli citizens who live on a kibbutz? This story might be of keen interest to many Times readers, since the kibbutz has traditionally been one of the most revered cultural institutions in Israeli society.  Is there a trend toward urbanization of Israeli society that is possibly playing a role in a reduction in the total number of Israelis who live and work at a kibbutz coop? Is some urban counterpart to the kibbutz coop also emerging or developing in the urban areas of Israel?

---Is there any evidence of a decline in trading with the United States by several foreign nations that are dismayed by what they regard as a severe xenophobia and disdain toward them by the USA under President Trump? Do the "America First" declarations by Mr. Trump elicit "America LAST on our own trading list" rejoinders by any foreign nations?

---Has there been a long-term increase in the percentage of Republican members of the U.S. Congress who acknowledge the Global Warming Effect to be a global environmental and public-safety and human-health threat? If so, is there any hope that Congress in 2019 or 2020 will have enough votes to override a veto by President Trump on federal legislation aimed at addressing the Global Warming Effect?

---Which U.S. city of 100,000 or more currently makes it the easiest for its residents with only minimal effort on their part to participate comprehensively and fully in recycling of items such as glass, paper, aluminum, cardboard, and plastic products that can be recycled?

---Should there be a rules change in men's professional tennis that makes each match a "best-of-three-sets" event?
This type of rules change might help to reduce the injury rate and burnout rate among professional men's tennis players. The change might also help in attracting many very talented younger players to the pro tennis scene who have chosen not to turn pro because they feel uncomfortable with the current "best-of-five-sets" format.

---Is the velocity of the wind at the U.S. Open pro tennis tournament generally significantly higher than for each of the other majors tournaments? This question seems fair because the U.S. Open is held on Long Island, and presumably the sea breezes often generate very windy conditions for the players. 
If the playing conditions for the U.S. Open are significantly windier than for other majors tournaments, have U.S. Open officials attempted to develop "wind-control" devices or strategies that can help to reduce the velocity of windiness during matches?

----Has American comedian Woody Allen in his multi-decade career ever directed or starred in a documentary  movie that is factually based? If not, does Mr. Allen have any plans to direct a new movie of that type? Which topic would he select for any such documentary film?

---Does Woody Allen have any plans to write his own memoirs anytime soon? There must be many admirers of his who are hoping he will author a book of that type or be interviewed for an autobiographical book of that type.

--Many Americans could not cite any particular truly convincing cinematic love story in which Woody Allen was either the director or an actor. Are there some admirers of Mr. Allen who are hopeful that he will at some point in his career offer his fans a movie that actually presents a convincing and enduring romantic love and overall love --- or even a convincing and enduring strictly-platonic love ---- between a featured male actor and his female romantic partner or spouse?

----Is there any nationwide campaign by any civic group or non-profit foundation to sponsor the establishment of a nationwide spelling bee that exclusively cites words to spell that are non-cynical, practical everyday words from everyday life that the youthful spellers might actually find in "The New York Times" or "Reader's Digest", for instance.
The proposed new spelling bee tradition, which could be sponsored by a non-profit group seeking to promote a pragmatic approach to cultural literacy in everyday life, could be entitled "Words of Everyday Life Spelling Bee" or some such title that emphasizes its distinctness from the current televised nationwide spelling bee program.
Among the words that could be offered in this new type of spelling bee might be: "rhythm", "fourteen", "disastrous", "descendant", "cardiovascular", "derogatory", "veranda", and "angiogram".
For each word from everyday life that he or she is asked to spell, a contestant would also be required to offer one  total identifiably correct definition for that word, regardless of whether it is the primary definition for that word.
This story idea is based on the distinct likelihood that many Americans, including many American educators, are currently alienated and offended by the abstruse nature of the esoteric words that child contestants are currently being asked to spell in the nationwide spelling bee on television. It often seems that the vast majority of the words those child contestants are being asked to spell before a nationwide television audience are words that they will NOT be facing in their own everyday lives.

---Of the various five-star or four-star restaurants in New York City, which are famous for offering the widest array of tasty menu options that are low in saturated fats and low in sodium? Which of the New York restaurants of today have acquired an overall reputation for being a "Cardiologist's Favorite"?

---Would a Times review of a New York City-area restaurant that is written by a cardiologist help to serve a valuable public purpose? The review might presumably remind readers that anyone trying to protect their own cardiovascular health should refrain from eating X, Y, Z, etc., and should limit their menu search to the handful of alternative options that the cardiologist recommends for Times readers.
It might help to save the lives of thousands of Times readers if the Times were to sponsor this type of cardiologist-written restaurant critique on a year-round basis, with a variety of cardiologists being invited to write those restaurant reviews. The ongoing "Save Your Heart" series could contain a special Times-generated logo that immediately identifies the article as yet  another life-saver piece being provided by The New York Times as a special service to Times readers.

ALARMING FACTS ABOUT SECOND-HAND EXPOSURE TO SMOKE IN TEXAS AND NATIONWIDE, RESPECTIVELY

According to a "Tobacco Fact Sheet" I obtained recently that was produced by the City of Austin-affiliated "LiveTobaccoFreeAustin.org",  with each of the first three factual statements below having been cited in the 2006 Surgeon General's Report:

--"3,600 nonsmokers die of heart disease each year in Texas from exposure to secondhand smoke."

--"43 percent of nonsmoking adults and children (in the United States) are exposed to secondhand smoke."

---"Asthma symptoms are more common and more severe in children exposed to secondhand smoke."

--"Secondhand smoke is harmful in all environments, indoors and outdoors." This last factual statement is contained in the 2010 Surgeon General's Report.

MASSACHUSETTS SENATE MAJORITY LEADER CYNTHIA STONE CREEM OF NEWTON ---- THE CITY WHERE THE REALTY CORPORATIONS OWNING AND MANAGING MY CURRENT RENTAL APARTMENT UNIT IN TEXAS ARE EACH LOCATED AT THE SAME STREET ADDRESS IN NEWTON --- SENDS ME A POLITE THANK-YOU NOTE FOR A REPORT SHE RECEIVED FROM ME ABOUT VERY RECENT LEGAL DOCUMENTS DIRECTLY CITING ME THAT WERE EACH WRITTEN BY ATTORNEYS FOR THE 'TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS' AND ARE EACH BEING WITHHELD FROM MYSELF, DIRECT PILGRIM DESCENDANT AND FORMER BOSTON-AREA RESIDENT JOHN KEVIN McMILLAN

Creem, Cynthia (SEN)

To:John McMillan

Apr 1 at 11:14 PM

Dear Friend:

Thank you for taking the time to contact me. This is an automated response to acknowledge that your message was received.

Please know that while my staff and I work hard to respond to all of the many issues and concerns that constituents bring to my attention, I sometimes receive hundreds of emails in a given week (in addition to calls and letters). While I do check my email on a regular basis, if this matter is urgent or time sensitive, please call my office directly at 617-722-1639. My Senate office mailing address is:

Senator Cynthia Stone Creem
Room 312A, State House
Boston, MA 02133

Thanks again for contacting me; it is a pleasure to serve you in the State Senate.

Sincerely,

Cindy

Cynthia Stone Creem
State Senator – First Middlesex and Norfolk District
(Newton, Brookline and Wellesley precincts A,C,D,E,H)
_____
From: John McMillan

To: karen.spilka@masenate.gov ; Creem Cynthia (SEN) ; robert.deleo@mahouse.gov ; ronald.mariano@mahouse.gov ; evan.horowitz@globe.com ; mark.pothier@globe.com ; michael.bello@globe.com ; andrew.caffrey@globe.com ; cynthia.needham@globe.com ; marjorie.pritchard@globe.com ; scott.allen@globe.com ; smurphy@globe.com ; michael.levenson@globe.com ; Boston Herald Daily Newspaper Editors

Sent: Monday, April 1, 2019, 11:12:07 PM CDT

Subject: Fw: OAG: TDHCA may withhold from general public recent e-mails by TDHCA attys that refer to me

A respectful FYI on all of the following (below) to each of you four very influential officials of the Massachusetts Legislature governing body in Boston.
A(n) FYI as well to distinguished editors and reporters for "The Boston Globe" and "The Boston Herald", respectively.
Please do not hesitate to write to me or call me if any of you have any questions you would like to pose to me about any aspect of this.
Sincerely and Best Wishes,
from certified direct Pilgrim descendant and former Bay State-based professional reporter and professional copy editor John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
My Blog: John Kevin McMillan: A 21st Century Conservative Left-Wing Agenda

----- Forwarded Message -----
From: John McMillan

To: james.frank@house.texas.gov ; travis.clardy@house.texas.gov ; joe.deshotel@house.texas.gov ; stephanie.klick@house.texas.gov ; thresa.meza@house.texas.gov ; Rick Miller ; candy.noble@house.texas.gov ; toni.rose@house.texas.gov ; State Rep. Angie Chen Button (Dallas area) ; matt.shaheen@house.texas.gov ; jessica.gonzalez@house.texas.gov ; Rep. Vikki Goodwin (2019CentralTX) ; Eric Johnson ; mayes.middleton@house.texas.gov ; christina.morales@house.texas.gov ; jared.patterson@house.texas.gov ; valoree.swanson@house.texas.gov ; Gina Hinojosa ; Garnet F. Coleman ; dwayne.bohac@house.texas.gov ; charles.anderson@house.texas.gov ; Kyle Biedermann ; Rep. Sheryl Cole (2019 CentralTX) ; Texas Tribune Editor In Chief Evan Smith ; alex.dominguez@house.texas.gov ; dan.huberty@house.texas.gov ; jon.rosenthal@house.texas.gov ; Jonathan Stickland ; poncho.nevarez@house.texas.gov ; dennis.paul@house.texas.gov ; dewayne.burns@house.texas.gov ; gina.calanni@house.texas.gov ; Celia Israel ; mike.lang@house.texas.gov ; Tony Tinderholt ; lois.kolkhorst@senate.texas.gov ; charles.perry@senate.texas.gov ; Austin Board of Realtors Lara2015 ; Austin Board of Realtors Andrei Lubomudrov (2015) ; Dawn Buckingham ; Donna Campbell ; peter.flores@senate.texas.gov ; nathan.johnson@senate.texas.gov ; Justin Holland ; borris.miles@senate.texas.gov ; beverly.powell@senate.texas.gov ; kel.seliger@senate.texas.gov ; State Senator Eddie Lucio D-Brownsville ; Senator Kirk Watson Constituent Services Rep. Walcott (2016) ; pat.fallon@senate.texas.gov ; jose.menendez@senate.texas.gov ; Robert Nichols ; carol.alvarado@senate.texas.gov ; Houston Chronicle Letters To the Editor ; Letters To the Editor ; Notre Dame Univ. Center for Civil and Human Rights ; Bethany United Methodist Church Assoc Pastor Sheri Clifton ; pastor@redeemer.net ; office@uachurch.org ; roger@northwestfellowship.com ; Ghbc Postmaster ; Hpbc Info ; Bnaibrith Info ; Brandeis University ; MITProgram On HumanRights&Justice ; HumanRightsWatchOfficials(D.C. Office) ; Letterstoed Internet DropBox ; Unknown National ; margaret.gomez@traviscountytx.gov ; Travis County Criminal Justice/Public Safety Director ; Travis County Commissioner Jeff Travillion (2017) ; Daily Texan Alumni Association (2016) ; Yessenia (Denny's Lakeline) ; Aurelio Contreras ; adttx@live.com ; Todd Hunter ; Brandon Creighton ; Rice Univ. Polit. Sci. Prof. Brace ; stein@rice.edu ; Rice Univ. Polit Sci Prof. Alford ; Trinity University (San Antonio) Assoc. Prof. Political Science John Hermann ; University of Oklahoma President ; Hubert Vo ; gene.wu@house.texas.gov ; National Association of Jewish Legislators 2017 ; Jewishaction Info ; Jewishnashville Info ; Rhr Israel Info ; Democratic National Committee ; The Republican National Committee ; National Review Editors ; CBS News Story Ideas Editors ; U.S. Rep. Lloyd Doggett (2015)

Sent: Friday, March 29, 2019, 5:41:21 PM CDT

Subject: Fw: OAG: TDHCA may withhold from general public recent e-mails by TDHCA attys that refer to me

A respectful FYI to each of you on the following,
from public-information requestor John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295 (a landline phone inside my apt. that does not accept any texts for me)
Home address: Village Oaks Apartments (a NW Austin apartment complex reportedly owned and managed, respectively, by two separately-named for-profit corporations that are each headquartered at the very same street address in Newton, Mass.), 10926 Jollyville Road, Bldg. 16, Apt. 1609, Austin, TX 78759.
My E-mail: mcmillanj@att.net
My Blog: http://www.johnkevinmcmillan.blogspot.com

----- Forwarded Message -----
From: John McMillan

To: Gina Hinojosa ; Kirk Watson ; Charles Schwertner ; Austin Mayor Steve Adler ; Travis County Judge Sarah Eckhardt ; FBI Dallas Bureau ; Texas Legal legal-aid service (2015) ; margaret.moore@traviscountytx.gov ; Governor's Office of Texas Open Records Administrator ; Gerald Daugherty ; City of Austin Interim City Attorney Anne Morgan ; U.S. Department of Homeland Security ; Texas Rangers Division of DPS ; Joyful Heart Foundation for Rape Victims ; sally.hernandez@traviscountytx.gov ; CountyAttorneyDavidEscamilla ; Dayna Blazey ; Office for Victims of Crime (U.S. DOJ) ; Texasadvocacyproject Info ; district9@austintexas.gov ; District 8 ; spencer.cronk@austintexas.gov ; Austin City Council Member Delia Garza (2015) ; Christian Hawley ; Travis County Commissioner Brigid Shea ; Texas DPS Office of General Counsel ; TBPP General Counsel Bettie Wells ; Williamson County (TX) Attorney (2016) ; ACLU ; Austin City Council Member Ann Kitchen (2016) ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Casework Mccaul ; central_texas@cruz.senate.gov ; Texas Observer Editors ; statesman ; KXAN TV News Investigations ; Cbsaustin News ; CBS News '60 Minutes' Editors and Reporters <60m cbsnews.com="">; National Crime Victim Law Institute (Lewis & Clark Law School Portland Oregon) ; Austin Chronicle Editors ; StateRep.DonnaHoward ; David Maxwell ; State Comptroller Criminal Investigations Division Chief Martin Cano ; Austin City Auditor QA Coordinator (2016) ; Harvard Kennedy School Carr Center for Human Rights Policy ; Public Information ; TRA General Counsel Kenneth Besserman ; Human Rights Law Society (U of Chicago) ; DMN Austin Bureau Reporter Robert Garrett ; smccown@law.utexas.edu ; Outback Asst Mgr Nick Burton ; hway@law.utexas.edu ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; Austin Tenants' Council 2017 ; Attorney General of Massachusetts ; Texas Democratic Party ; Travis County Republican Party (2016) ; ACC President Richard Rhodes ; Amie Ely ; Harvard Law School Human Rights Program (2016) ; Harvard Club of Austin 2017

Sent: Friday, March 29, 2019, 4:41:17 PM CDT

Subject: OAG: TDHCA may withhold from general public recent e-mails by TDHCA attys that refer to me

March 29, 2019
A respectful FYI to each of you public officials and other civic leaders on the following signed official ruling earlier this month by the Attorney General of Texas that officially authorizes the Texas Department of Housing and Community Affairs (TDHCA) state agency to withhold from myself (the applicable public-information requestor) any and all e-mail communications
sent or received or written at any time since January 1, 2016, by staff members or attorneys of the TDHCA's Office of General Counsel---with e-mails written solely by myself, John Kevin McMillan of Austin, having been specifically excluded by me from the scope of my January 3, 2019-dated e-mail public-information request to the TDHCA----that each referred in any manner to myself.

I would like to respectfully point out that the TDHCA has never interviewed me in person or on the telephone, and has never invited me to visit that state agency's headquarters here in Austin, at any time in my entire life so far. I myself am not aware of any involvement ever at any time or on any occasion by the TDHCA in any aspect of my own housing conditions or living conditions in Austin, Texas.

I would welcome any reply note from any of you in regard to this legal matter and possible legal-liability issue currently facing the State Government of Texas under Governor Greg Abbott, and possibly also facing the Texas Legislature.

Sincerely and Best Wishes,

John Kevin McMillan.
Home address: Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, Texas 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net
Blog: http://www.johnkevinmcmillan.blogspot.com
________________________

THE ATTORNEY GENERAL OF TEXAS
KEN PAXTON
ATTORNEY GENERAL OF TEXAS
Post Office Box 12548, Austin, Texas 78711-2548
(512) 463-2100
www.texasattorneygeneral.gov

March 22, 2019

Mr. Jeffrey T. Pender
Deputy General Counsel
Texas Department of Housing and Community Affairs
P.O. Box 13941
Austin, Texas 78711-3941

OR2019-08088

Dear Mr. Pender:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 755605.

The Texas Department of Housing and Community Affairs (the "department") received a (January 3, 2019-dated, e-mail public-information) request (final item, below) for all e-mails referring to the requestor (John Kevin McMillan of northwest Austin) sent or received by certain department officials (employed in that state agency's Office of General Counsel) during a specified (most recent three-year) time period, excluding e-mails written by the requestor (Mr. John Kevin McMillan of Austin). You claim the submitted information is excepted from disclosure under section 552.107 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

Section 552.107(1) of the Government Code protects information coming within 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. See Open Records Decision No. 676 at 6-7 (2002). First, a governmental body must demonstrate the information constitutes or documents a communication. Id. at 7. Second, the communication must have been made "to facilitate the rendition of professional 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 Tex. 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 capacity other than that of attorney). Governmental attorneys often act in capacities other than that of professional legal counsel, such as administrators, investigators, or managers. Thus, the mere fact that a communication involves an attorney for the government does not demonstrate this element. Third, the privilege applies only to communications between or among clients, client representatives, lawyers, and lawyer representatives. TEX. R. EVID. 503(b)(1)(A), (B), (C), (D), (E). Thus, a governmental body must inform this 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: (A) to whom disclosure is made to further the rendition of professional legal services to the client; or (B) reasonably necessary to transmit 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. See Osborne v. Johnson, 954 S.W.2d 180, 184 (Tex. App.---Waco 1997, orig. proceeding). Moreover, because the client may elect to waive the privilege at any time, a governmental body must explain 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).


You state the submitted information consists of communications between attorneys for the department and department employees that were made for the purpose of providing legal services to the department. You state the communications were intended to be confidential and have remained confidential. Based on your representations and our review, we find you have established the submitted information consists of privileged attorney-client communications. Therefore, the department may withhold the submitted information under section 552.107(1) 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 (John Kevin McMillan of Austin). For more information concerning those rights and responsibilities, please visit our website at http://www.texasattorneygeneral.gov/open/orl_ruling_info.shtml, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act may be directed to the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,
Kieran Hillis (signature)
Kieran Hillis
Assistant Attorney General
Open Records Division

KH/gw

Ref.: ID#755605
Enc. Submitted documents

c: Requestor (John Kevin McMillan, Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759)
(w/o enclosures)
____________________________

From: John McMillan <mcmillanj@att.net>

Sent: Thursday, January 03, 2019 10:08 PM

Subject: 1-3-19 PIR re: TDHCA General Counsel and me

To: Open Records <open.records@mail.tdhca.state.tx.us>; Gina Hinojosa <gina.hinojosa@house.texas.gov>; Kirk Watson <kirk.watson@senate.texas.gov>; Travis County Judge Sarah Eckhardt <sarah.eckhardt@traviscountytx.gov>; Gerald Daugherty <gerald.daugherty@traviscountytx.gov>; Governor's Office of Texas Open Records Administrator <publicrecords@governor.state.tx.us>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; U.S. Dept. of Housing and Urban Devlpt (TX regional office) <tx_webmanager@hud.gov>

January 3, 2019

Dear Open Records Officials for the Texas Department of Housing and Community Affairs (TDHCA) state agency in Austin,

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all e-mail letters referring at least once in any manner to myself, John Kevin McMillan of Austin, Texas, that were each received, sent, forwarded, or written at any time since January 1, 2016, by the chief attorney for your state agency or any staff member or attorney directly supervised by that chief attorney inside the Office of General Counsel for your state agency.

Excluded from the scope of this public-information request are any and all e-mail letters that were exclusively and solely written by myself.

My legal name is John Kevin McMillan. My date of birth is April 27, 1957. I am a native of Lincoln, Nebraska.

My personal e-mail address has remained the same throughout the entire three-year period applicable to this public-information request. That e-mail address for me is: mcmillanj@att.net .

My respective home addresses during the period ever since January 1, 2016, have been: 10926 Jollyville Road, Apt. 902, Austin, TX, 78759;

and, ever since early September 2017, 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.

Thank you in advance for your helpful reply letter to me on this.

Sincerely and Best Wishes,
John Kevin McMillan,
Home address: 10926 Jollyville Road, Apt. 1609, Austin, TX 78759.
Home phone: (512) 342-2295.
E-mail: mcmillanj@att.net