CITY OF AUSTIN LAW DEPARTMENT SENDS ITS 13TH LEGAL LETTER IN THE MOST RECENT 8-YEAR PERIOD TO TEXAS ATTORNEY GENERAL PAXTON THAT SEEKS PERMISSION TO DENY ME ACCESS TO LEGAL DOCUMENTS ON FILE WITH THE CITY THAT EACH DIRECTLY REFER TO ME

I find it fascinating to note that the City Government of Austin (TX) Law Department this month has submitted yet another legal letter to the Attorney General of Texas --- at least the 13th such legal letter (see below for details) to the Attorney General from the most recent eight-year period that directly refers to me by name --- in which the City of Austin is once again seeking permission to withhold from me cited legal documents on file with the City that directly refer to me.

Here is a summary of the multi-year history of the City Attorney's Office in Austin, Texas, responding to public-information requests from me by seeking official permission from the Attorney General of Texas to withhold from me legal documents on file with the City Attorney's Office that each directly refer by name to myself, John Kevin McMillan of Austin, Texas:

JUNE 8, 2020:
Austin Assistant City Attorney Neal Falgoust on June 8, 2020, signs and mails to Texas Attorney General Ken Paxton a written request for official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, legal documents on file with the Austin-Travis County Emergency Medical Services Department that directly refer to me by name.
The cited ID number on my public-information request that was received by the City of Austin on May 22, 2020, is: C069056.
"The City believes the information at issue is excepted from required public disclosure under section 552.101 of the Government Code.
"This letter is a request for a determination under section 552.301 of the Government Code that the information at issue is so excepted. A copy of each request and a representative sample of the information at issue are enclosed. ...
"Section 552.101 of the Government Code excepts from public disclosure 'information considered to be confidential by law, either constitutional, statutory, or by judicial decision.'...", Assistant City Attorney Falgoust stated in his signed legal letter to the Attorney General of Texas.

DECEMBER 3, 2019:
Austin Assistant City Attorney Zachary Brown on December 3, 2019, signs and mails to Texas Attorney General Ken Paxton a signed two-page request for official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, legal documents on file with the City Attorney's Office for which Mr. Brown maintains in writing that their confidentiality is protected by attorney-client privilege.

In his December 3, 2019, legal letter to Attorney General Paxton, Assistant City Attorney Brown states: "The information at issue consists of e-mail communications between attorneys in the City's Law Department and City employees in their capacity as client representatives. These communications were made in order to facilitate the rendition of legal services to the City. These communications were intended to be confidential and have remained confidential. Accordingly, the City (maintains that it) may withhold the information under section 552.107(1) of the Government Code."

The City Attorney's Office's request for a decision from the Attorney General on this was in response to a public-information request of mine to the City Attorney's Office that was received by the City of Austin law department on November 15, 2019 (PIR Number X004560).

MAY 20, 2016:
On that date, Assistant City Attorney Elaine Nicholson of the City Attorney's Office in Austin, Texas, signs and sends an official legal letter to Texas Attorney General's Office that seeks official permission from that state agency to withhold from myself, public-information requestor John Kevin McMillan of Austin, cited legal documents on file with the City Attorney's Office at that time that directly refer to myself.

The cited reason for Ms. Nicholson's request: that the cited documents are protected from disclosure because they meet the criteria for "attorney-client privilege."

The cited legal documents contain communications directly referring to myself, Austin resident John Kevin McMillan, that reportedly involve attorneys in the City Attorney's Office and City of Austin employees in their capacities as clients seeking legal advice from those attorneys.

The City's request for an Open Records ruling from the Attorney General on this was prompted by a May 9, 2016-dated e-mail public-information request from myself---a request that was received by the City on May 10, 2016.

MARCH 1, 2016:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed three-page March 1, 2016-dated official legal letter to Texas Attorney General Ken Paxton, seeks written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas,"confidential communications between and amongst the Law Department and Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself was an E-mail letter dated Feb. 15, 2016, and officially received by the City of Austin on Feb. 16, 2016.

SEPTEMBER 8, 2015:
Assistant City Attorney Elaine Nicholson, in a signed three-page September 8, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."

The applicable E-mail public-information request from myself had been officially received by the City of Austin on August 24, 2015, after that written request was E-mailed to the City by myself on August 23, 2015.

JUNE 24, 2015:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed June 24, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications within the Law Department (that each specifically refer to John Kevin McMillan of Austin)."
The cited public-information request from myself was an E-mail letter received by the City of Austin on June 10, 2015.

MARCH 31, 2015:
City of Austin Law Department Assistant City Manager Elaine Nicholson, in a signed March 31, 2015-dated legal letter to Texas Attorney General Ken Paxton, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst members of the Law Department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from Mr. McMillan was an E-mail letter received by the City of Austin on March 17, 2015.

DECEMBER 29, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed December 29, 2014-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself was a Dec. 13, 2014-dated E-mail letter that was officially received by the City of Austin on December 15, 2014.

JULY 9, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed July 9, 2014-dated legal letter to Texas Attorney General Greg Abbott, requests official written permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst the City Attorney, Deputy City Attorney, Law Department Division Chiefs, Assistant City Attorneys, Law Department staff, and numerous members of the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself was an E-mail letter received by the City of Austin on June 24, 2014.

APRIL 30, 2014:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed April 30, 2014-dated official legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between the City Attorney, the Deputy City Attorney, several Assistant City Attorneys, paralegals and law department administrative personnel with staff in the City Manager's Office, Police Department, Human Resources Department, City Clerk's Office, and Public Information Office (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself, John Kevin McMillan, was an E-mail letter received by the City of Austin on April 16, 2014.

AUGUST 27, 2013:
City of Austin Law Department Assistant City Attorney Elaine Nicholson, in a signed August 27, 2013-dated legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst Law Department staff, staff of the Austin Police Department, staff in the City Manager's Office and Human Resources Department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself was an E-mail letter received by the City of Austin on August 6, 2013.

SEPTEMBER 12, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in a signed Sept. 12, 2012-dated legal letter to Texas Attorney General Greg Abbott, seeks official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the City Clerk's Office, the Austin Police Department, the Police Monitor's Office and the Human Resources department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself was an E-mail letter received by the City of Austin on August 21, 2012.

JANUARY 24, 2012:
City of Austin Law Department Assistant City Attorney Cary Grace, in January 24, 2012-dated signed two-page legal letter to Texas Attorney General Greg Abbott, requests official permission to withhold from myself, public-information requestor John Kevin McMillan of Austin, Texas, "confidential communications between and amongst several assistant city attorneys and a paralegal in the City's law department and personnel in the Austin Police Department (that each specifically refer to John Kevin McMillan of Austin)."

The cited public-information request from myself was an E-mail letter received by the City of Austin on January 10, 2012.