Tuesday, April 21, 2020

THE FOLLOW-UP QUESTION I POSED TODAY TO THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES STATE AGENCY IN AUSTIN:


----- Forwarded Message -----
From: John McMillan
To: TXDFPS Records Management Group ; Margaret Moore ; Dave Mahoney ; Kirk Watson ; Travis County Judge Sarah Eckhardt ; Commissioner Jeffrey Travillion 2019 ; Travis County Commissioner Brigid Shea ; gerald.daugherty@traviscountytx.gov ; Texas Rangers 2015 ; Darla Dixon ; Office for Victims of Crime U.S. DOJ ; Fbinaa Info ; Hernandez Sally [TCSO] ; Governor's Office of Texas Open Records Administrator ; david.maxwell@texasattorneygeneral.gov ; Austin Mayor Steve Adler ; Rep. Sheryl Cole 2019 CentralTX ; U.S. Department of Homeland Security ; david.escamilla@traviscountytx.gov ; City of Austin City Attorney Anne Morgan ; central_texas@cruz.senate.gov ; ACLU of Texas ; District 4 ; Texas Legal ; State Comptroller Criminal Investigations Division Chief Martin Cano ; takebackhope@tlsc.org ; Joyful Heart Foundation for Rape Victims ; Texas Association Against Sexual Assault Atty Kaiser 2016 ; Austin American-Statesman Managing Editor John Bridges ; Spencer Cronk ; Dwayne Bohac ; Bnaibrith Info ; Rey Arellano ; TRA General Counsel Kenneth Besserman ; U.S. Dept. of Housing and Urban Devlpt (TX regional office) ; ogc.webmaster@dps.texas.gov ; Federal Law Enf. Officers Assn ; District 1 ; Council Member Flannigan ; Austin City Council Member Ann Kitchen 2016 ; Austin Police Dept. Asst. Chief Troy Gay ; ABA Commission on Disability 2020 ; Texas Tenants Union ; alumnimembership@umn.edu ; United States Senate ; State Senator Joan Huffman ; USTA Member Services ; Onjewel Smith: Americans for Nonsmokers' Rights ; AARP ; U.S. Rep. Lloyd Doggett 2015 ; Texas Democratic Party ; DemocraticNatlCommittee ; Thomas ; Joebiden Info ; National Crime Victim Law Institute Lewis & Clark Law School Portland Oregon ; Kyle Biedermann ; Robert Nichols ; Andrew Murr ; Drew Springer ; ACC President Richard Rhodes ; Texas Observer Editors ; Texas Tribune Editor in Chief Evan Smith ; Nicole D. Collier ; Garnet F. Coleman ; Texasadvocacyproject Info ; Iowa CASA Anti-Rape Group ; IowaAttyGeneralTomMiller ; mjohnson@arkcasa.org ; Nmcadv Info ; Lynne Lange ; Nebraska Anti- Human Trafficking 2020 ; human.trafficking@ag.ny.gov ; New Mexico Anti-Human Trafficking 2020 ; Humantrafficking ; charles.wood@texasattorneygeneral.gov ; bill.zedler@house.texas.gov ; Todd Hunter ; Senator John Whitmire ; Sunset Valley Police Dept. Lt. Richard Andreucci ; internalaffairs@roundrocktexas.gov ; Cedar Park TX Police 2016 ; Williamson County TX Attorney 2016 ; shawn.dick@wilco.org ; Williamson County Sheriff Chody 2018 ; Austin Chronicle Editors ; dhiott@kut.org ; newsroom@mpr.org ; Lin Quenzer ; AGO - Department of Justice ; University of Nebraska Chancellor Chief of Staff Nunez 2016 ; ago.info.help@nebraska.gov ; Minnesota Sex Crimes Investigators Assn. Brd Member Dunphy 2016 ; john.grove@minneapolismn.gov ; U.S. Dept of Commerce Civil Rights Div Officials ; Mike Henderson ; Gina Hinojosa ; Rape Abuse and Incest National Network ; StateRep.DonnaHoward ; Jeff Pender ; Daily Texan News Editors ; CBS News '60 Minutes' Editors and Reporters <60m cbsnews.com="">; KEYE CBS News Austin 2017 ; National Center On Elder Abuse ; The Republican National Committee ; Rosie Truelove ; Patrick B. Howard
Sent: Tuesday, April 21, 2020, 12:52:07 AM CDT
Subject: Re: [Records Center] Public Information Request :: R000877-040920

DFPS Open Records Coordinator,
Texas Department of Family and Protective Services (DFPS) state agency,
State Government of Texas,
Austin, Texas.
Phone: 512-929-6764.
Toll-free phone number: 1-877-764-7230.

April 21, 2020

Dear DFPS state agency Open Records Coordinator,

Thank you for your April 20, 2020, e-mail (below) reply letter to me in response to my cited April 9, 2020, public-information request that exclusively sought copies of written documents received or generated or sent by your state agency's Legal Services Division attorneys and legal staff at any time since January 1, 2011, that directly referred to myself, John Kevin McMillan of Austin.

Your reply letter states, and I quote: "We should have the information available to you on or before 5/27/20 by close of business."

Does your reply letter to me indicate that legal staff members for your state agency's Legal Services Division here in Austin apparently have at least one document on file that directly refers to me by name?

I am respectfully raising this question because I myself have never been informed at any time of any specific legal action or legal service of any type that was ever at any time pursued or provided by your State of Texas agency---other than two interviews of me in 2019 by your state agency---that related to me or referred to me or involved me in any way.

I am a psychologically healthy, very honest, conscientious, dependably civil and law-abiding, intelligent, gainfully employed, lawfully-non-Christian, non-atheistic and implicitly-deistic, religiously independent (I'm founder and the only approved member of my non-proselytizing, politely-prayer-less, and rationally religious Honor Society "Progressive Prohibitionist Religion" that has very stringent membership-eligibility requirements), longtime-celibate-by-choice, 62-year-old non-Hispanic Anglo male single adult gentleman.

I live alone inside my current solo-occupancy apartment unit and I always sleep ALONE on a bed I myself own, as I'm sure your state agency is already aware. No one but me is authorized to be ANYWHERE inside my current always-bolt-locked and always-fully-locked solo-occupancy efficiency apartment unit at any time during my sleeping hours.

I am fully ambulatory, and I pursue a physically active career in wholesome family-friendly and very honorable restaurants in Austin.

It's also noteworthy that I hold full power of attorney authority on my own behalf, a legal fact about myself that the Travis County Clerk's Office here in Austin again confirmed for me on the telephone in the last several months. I obtained that very reassuring official confirmation on the telephone during a period of apparently-false rumors I had been subjected to against my wishes in Austin that indicated that one or more persons either claimed to hold or reportedly held legal authority in regard to me.

Thank you in advance for your prompt and very helpful reply letter to me in response to this one total follow-up question from myself.

Sincerely and Best Wishes,
from former Texas Department of Public Safety full-time employee John Kevin McMillan.
My home address ever since June 21, 2019:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (in Building 17), Austin, TX 78753.
Home phone: (512) 342-2295.
Cell phone: (512) 993-7305.
My Blog: http://www.johnkevinmcmillan.blogspot.com
Facebook: "John McMillan", middle name "Kevin", individual dues-paying member of the Texas Tenants Union, the University of Minnesota Alumni Association, the USTA, AARP, and Americans for Non-Smokers' Rights non-profit groups.

On Monday, April 20, 2020, 02:08:06 PM CDT, TXDFPS Records Management Group wrote:

--- Please respond above this line ---




04/20/2020

John Kevin McMillan
8805 North Plaza Drive, Apt. 2418
Austin 78753

RE: OPEN RECORDS REQUEST of April 09, 2020, Reference # R000877-040920

Dear John Kevin McMillan,

This e-mail is regarding your request for records submitted on April 09, 2020 for information about:

“April 7, 2020

To: Ms. Audrey Carmical,
General Counsel,
Texas Department of Family and Protective Services (DFPS),
Legal Services Division,
Austin, Texas
Office phone: (512) 438-3854

Dear DFPS General Counsel Carmical,

This is a Texas Open Records request in which I seek to obtain from you a copy of any and all written communications, including e-mail communications, that directly referred at least once in any manner to myself, John Kevin McMillan of Austin, Texas, and that were received or written or sent or mailed or forwarded or FAXed at any time since January 1, 2011, by you yourself or any other attorney---or by any staff member under the direct supervision of an attorney in your Division----employed in the Legal Services Division for the Texas Department of Family and Protective Services state agency here in Austin.

The only DFPS case number assigned to me that I myself have ever been informed about at any time was DFPS Case Number 7292-2668. An investigator for your state agency, Investigator Diana McGeehan, visited my current apartment unit in north Austin on November 14, 2019, and interviewed me inside my solo-occupancy efficiency apartment for about 40 minutes in connection with that cited DFPS case.

That particular DFPS case was later closed by your state agency, according to what I was told when I made a polite follow-up phone call to your State Government of Texas agency.

My legal name is "John Kevin McMillan." I was born on April 27, 1957, in Lincoln, Nebraska.
In 1958, 1959, or 1960, my biological parents, Dr. Calvin McMillan and Mrs. Phyllis McMillan, chose to relocate me along with themselves and the only two other members of my childhood family at that time, Michael Kim McMillan and Kent Neal McMillan, from Lincoln, Nebraska, to Westlake Hills, Texas.

MY CURRENT HOME ADDRESS EVER SINCE JUNE 21, 2019, IS:
Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (in Building 17), Austin, TX 78753. I am the only apartment-management-team-approved official tenant and only apartment-management-team-approved occupant on my current 12-month lease agreement for my rental-efficiency unit --- a lease agreement that expires at 11:59 p.m. June 30, 2020. I pay all of the rent and utilities for my current solo-occupancy efficiency apartment unit here at Pebble Creek Apartments in north Austin.

My apartment complex is situated in the District 4 section of Austin, with Austin City Council Member Greg Casar, also a resident of District 4, serving as my current official District 4 representative on the Austin City Council.

Throughout the approximately nine-year period applicable to this public-information request, my primary personal e-mail address has always been: mcmillanj@att.net.

Also throughout the entire cited multi-year time period, I have always maintained the same personal landline phone number of (512) 342-2295.

My respective home addresses during the applicable nine-year period applicable to this public-information request, in descending order from oldest to newest, have been or currently is:

---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325 (in Building 3), Austin, TX, 78759;
---Crossland Economy Studios (Extended Stay America), 12621 Hymeadow Road, Room 133, Austin, TX 78729;
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 902 (in Building 9), Austin, TX 78759;
---Village Oaks Apartments, 10926 Jollyville Road, Apt. 1609 (in Building 16), Austin, TX 78759.
---Austin Motor Inn, 11400 North Interstate Highway 35, (a first-floor room), Austin, TX 78753.
---Pebble Creek Apartments, 8805 North Plaza Drive, Apt. 2418 (in Building 17), Austin, TX 78753.”

------------------------------------------------------------------------------------------------------------

Pursuant to Section 552.221(d) of the Texas Government Code we will not be able to fulfill your request within 10 business days. We should have the information available to you on or before 5/27/20 by close of business. This date does not account for possible delays such as requests for clarification or discussion, a determination that a charge will be necessary, an Attorney General review of your request or any other factors. If we are unable to provide the documentation on the date provided we will follow up with another date of production based on the circumstances of your request at that time.

If needed, we will follow up to discuss the scope of your request, any clarifications needed or if we determine that there will be a cost associated with your request that is greater than $40.00 as we continue to process it.

Sincerely,

DFPS Open Records Coordinator
512-929-6764
1-877-764-7230

CONFIDENTIALITY NOTICE: This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s) and may be legally privileged. If you have received this communication in error please contact the sender immediately. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s) is strictly prohibited.

To monitor the progress or update this request please log into the Public Records Center

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