Monday, November 21, 2016

UNIVERSITY OF TEXAS AT AUSTIN ANNOUNCES ON NOVEMBER 21, 2016, THAT IT HAS BEEN OFFICIALLY GRANTED EXEMPTION FROM THE STATE LAW THAT WOULD HAVE REQUIRED UT-AUSTIN TO PROVIDE TO MYSELF, JOHN KEVIN McMILLAN OF AUSTIN, CITED LEGAL DOCUMENTS DIRECTLY REFERRING TO MYSELF THAT WERE GENERATED BY THE UT-AUSTIN POLICE DEPARTMENT IN THE PERIOD SINCE 12:01 A.M. APRIL 17, 2011---A MULTI-YEAR TIME PERIOD IN WHICH NO UTPD OFFICER EVER AT ANY TIME INTERVIEWED ME OR SPOKE WITH ME OR OTHERWISE CONTACTED ME AT ANY TIME, AND NO UTPD OFFICER EVER CHARGED ME WITH ANY CRIME OF ANY TYPE, AND IN WHICH UTPD NEVER AT ANY TIME CLAIMED TO HAVE ANY LEGAL JURISDICTION OR ANY LEGAL AUTHORITY OF ANY TYPE IN REGARD TO MYSELF, IT BEING A PUBLIC FACT THAT I MYSELF WAS NEITHER AN EMPLOYEE OF UT-AUSTIN NOR A UT-AUSTIN STUDENT AT ANY TIME DURING THE CITED MULTI-YEAR PERIOD




On Monday, November 21, 2016 11:17 AM, Robert S Davis wrote:


Mr. McMillan,

The University of Texas at Austin recently received the attached ruling, which provides that The University may withhold the remaining information that is responsive to your request based on the attorney-client privilege. Accordingly, our office will not release any more information in response to your request. Thank you and have a great day.

Bob Davis
Open Records Coordinator
The University of Texas at Austin \m/
512-471-3567

From: Robert S Davis 
Sent: Friday, September 09, 2016 1:49 PM
To: 'John McMillan'
Cc: Withers, Brandi L ; Lopez, Annela M ; Jaquysh, Melanie A ; Smith, Lee
Subject: RE: 8-28-16 UT-Austin Open Records; UT Austin ORR No. 144585

Mr. McMillan,

The attached letter and information is provided in response to your below request to The University of Texas at Austin. Thank you.

Bob Davis
Open Records Coordinator
The University of Texas at Austin \m/
512-471-3567

From: John McMillan [mailto:mcmillanj@att.net
Sent: Monday, September 05, 2016 8:52 PM
To: CFO <
CFO@austin.utexas.edu>; Lopez, Annela M <alopez@austin.utexas.edu>; Chronicle of Higher Education 2016 <editor@chronicle.com>; Chronicle of Higher Education Letters 2016 <letters@chronicle.com>; Austin Chronicle Editors <mail@austinchronicle.com>; Statesman News <news@statesman.com>; Fox 7 (Austin TX) TV News <news@fox7.com>; Keyetv News <news@keyetv.com>; FBI Dallas Bureau <fbi.dallas@ic.fbi.gov>; Texas Rangers Division of DPS <rangers@dps.texas.gov>; Governor's Office of Texas Open Records Administrator <publicrecords@governor.state.tx.us>; Texas AM System Genl Counsel (2015) (Ray Bonilla) <rbonilla@tamus.edu>; Texas Tech System Chief Atty John Huffaker (2015) <systemwebmaster@ttu.edu>; Lori Carter <lori.carter@traviscountytx.gov>; University of Oklahoma President <webcomm@ou.edu>; Louisiana State Univ. Chancellor Mike Martin <chancellor@lsu.edu>; Notre Dame Univ. Center for Civil and Human Rights <cchr@nd.edu>; CountyAttorneyDavidEscamilla <david.escamilla@traviscountytx.gov>; Greg Hamilton <greg.hamilton@traviscountytx.gov>; Roger Dean <roger.dean@traviscountytx.gov>; Public Information <public.information@texasattorneygeneral.gov>; Unknown National <national@nytimes.com>; Office for Victims of Crime (U.S. DOJ) <itverp@usdoj.gov>; joe.ballesteros@traviscountytx.gov; City of Austin Interim City Attorney Anne Morgan <anne.morgan@austintexas.gov>; Austin Mayor Steve Adler <steve.adler@austintexas.gov>; Dailytexanonline News <news@dailytexanonline.com>; Travis County Judge Sarah Eckhardt <sarah.eckhardt@traviscountytx.gov>; U.S. Dept. of Education Civil Rights (2016) <ocr@ed.gov>; isonx001@umn.edu; Joyful Heart Foundation for Rape Victims <info@joyfulheartfoundation.org>; Texasadvocacyproject Info <info@texasadvocacyproject.org>; Council Member Kathie Tovo <kathie.tovo@austintexas.gov>; District 5 <district5@austintexas.gov>; District 8 <district8@austintexas.gov>; Austin City Council Member Delia Garza (2015) <delia.garza@austintexas.gov>; U.S. Department of Homeland Security <private.sector@dhs.gov>; Texas DPS Office of General Counsel <ogc.webmaster@dps.texas.gov>; State Rep. Donna Howard Constituent Services Dr. Scott Daigle <scott.daigle@house.state.tx.us>; Rep. Naishtat Chief of Staff Dorothy Browne <dorothy.browne@house.state.tx.us>; Senator Kirk Watson Constituent Services Rep. Walcott (2016) <keysha.walcott@senate.texas.gov>; KUT News <news@kut.org>; KLRU TV News Editors <info@klru.org>; Minnesota Center Against Sexual Assault Violence and Abuse <sswweb@umn.edu>; University of Minnesota Former Governance Team Rep. Donna <dcp@usfamily.net>; DMN Austin Bureau Reporter Robert Garrett <rtgarrett@dallasnews.com>; KXAN TV News Investigations <reportit@kxan.com>; Traviscountydemocrats Info <info@traviscountydemocrats.org>; Travis County Republican Party (2016) <michaelm.tcrp@gmail.com>; Missouri Synod Lutheran HQ2015 <infocenter@lcms.org>; ACC President Richard Rhodes <rrhodes@austincc.edu>; cji@uh.edu; Trevor Glynn <trevorglynn@gmail.com>; Outback Asst Mgr Nick Burton <nickburtonoutb@yahoo.com>; National Center for Victims of Crime <webmaster@ncvc.org>; Houston Chronicle Letters To the Editor <viewpoints@chron.com>; U.S. President Barack Obama <president@whitehouse.gov>; Texas Observer Editors <editors@texasobserver.org>; San Antonio Express-News Letters To Editor <letters@express-news.net>; WallStJournalNewstips <nywireroom@dowjones.com>; newstips@usatoday.com; State Comptroller Criminal Investigations Division Chief Martin Cano <cid@cpa.state.tx.us>; Sao State Tx Webmaster <webmaster@sao.state.tx.us>; Austin American-Statesman Investigative Reporter Andrea Ball <aball@statesman.com>; StateComptrollerSusanCombs <window@cpa.state.tx.us>; news@startribune.com; U.S. Rep. Michael McCaul (2015) <samantha.brown@mail.house.gov>; CBS News '60 Minutes' Editors and Reporters <60m@cbsnews.com>; CBS News Story Ideas Editors <evening@cbsnews.com>; Letterstoed Internet DropBox <letters@washpost.com>; Texas Monthly Story-Assignments Editor John Broders <jbroders@texasmonthly.com>; TWC Ombudsman <ombudsman@twc.state.tx.us>
Subject: Fw: 8-28-16 UT-Austin Open Records

Dear Open Records Coordinator for the University of Texas at Austin,

I would appreciate receiving a courtesy reply note from you, simply confirming for me in writing that you have received the following August 28-dated public-information request of mine, and that it is in acceptable form to elicit a reply letter from you which provides me with any and all responsive documents.
Best Wishes,
UT-Austin alumnus and University of Minnesota alumnus John Kevin McMillan of Austin.
Home phone: (512) 342-2295.

John Kevin McMillan

On Sunday, August 28, 2016 10:46 PM, John McMillan <mcmillanj@att.net> wrote:

A respectful FYI to each of you on the following public-information request I wrote and e-mailed tonight to the University of Texas at Austin, in which I am seeking, among other things, any legal documents on file with the UT-Austin Police Department in Austin, Texas, that might help explain what prompted the Austin-based Assistant Director of the University of Texas System Police Department, Officer Ruben Puente, to himself directly send me an E-mail letter (see below) on August 1, 2016, in which that UT System Police Department official forbade me in writing from myself ever again directly contacting any UT System Headquarters office at any time.

Sincerely and Best Wishes,
from a dependably civil and law-abiding and honest former full-time professional newspaper reporter, John Kevin McMillan of Austin, Texas.
Home phone: (512) 342-2295.


John Kevin McMillan

On Sunday, August 28, 2016 10:05 PM, John McMillan <mcmillanj@att.net> wrote:

To: Senior Vice President and Chief Financial Officer and
Open Records Coordinator,
The University of Texas at Austin,
P.O. Box 8179,
Austin, Texas, 78713-8179
(Street address: Main Building, Suite 102, G4900, Austin, Texas, 78712.)
Phone: (512) 471-1422
FAX: 512-471-7742

August 28, 2016

Dear Open Records Coordinator for UT-Austin,

This is a Texas Open Records request in which I seek to obtain a copy of any and all e-mail correspondence or letters or memoranda or reports or crime reports or court rulings or other written documents received or generated or written or authored or sent or forwarded or FAXed by any official or officer or staff member of the University of Texas at Austin Police Department at any time since 12:01 a.m. April 17, 2011, and that, in each and every such case, refers at least once in any manner to myself, John Kevin McMillan of Austin.

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

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

I have been a resident of Austin proper on a continuous and uninterrupted basis ever since mid-March 1997.

I am an alumnus of The University of Texas at Austin College of Liberal Arts. I had majored in History at UT-Austin. I am also a former UT-Austin-administration-beat  reporter for "The Daily Texan" student newspaper on your campus.

This public information request was prompted in part by a very surprising E-mail letter I received on August 1, 2016, that was apparently written and sent to me by the Austin-based Assistant Director of the University of Texas System Police Department, Officer Ruben Puente.

In that E-mail letter (see below), Officer Puente apparently stated in writing that I am myself forbidden by himself from ever again contacting any UT System headquarters office at any time.

Officer Puente in his rejection letter to me did not cite any alleged violation of the law or any possible violation of the law by myself, nor has he ever at any time ever on any occasion ever once cited to me any alleged possible violation of the law by myself.

Nor did UT System Police Assistant Director Puente ever at any time cite to me any vote or legal action by or on behalf of the University of Texas System Board of Regents that had somehow forbidden me from myself ever again contacting UT System headquarters in Austin in any context.

For your convenience, I am sharing with you the exact verbatim text of the E-mail rejection letter that Officer Puente sent to me on behalf of the UT System Police Department, with the "Subject heading"-related explanatory note, sandwiched between parentheses, having been added by me for the sake of clarification:

(The subject  heading that was apparently authored in its entirety by UT System Police Assistant Director Ruben Puente:) Removal of All "UT System" Recipients from the Email Chain
To
John McMillan tamara.smith@texasattorneygeneral.gov Lori CarterFreedomofInfoFdnofTexas National Freedom of Information Coalition (2016)Texas Rangers Division of DPS U.S. Dept. of Education Civil Rights (2016)U.S. Department of Education Texas Civil Rights Office (Dallas)Texas Education Agency Civil Rights Complaints Office Civil Rights Project (2016)Burgdorf, Barry D. Public Information David MaxwellGovernor's Office of Texas Open Records AdministratorCountyAttorneyDavidEscamilla FBI Dallas Bureau Fox 7 (Austin TX) TV NewsKXAN TV News Investigations NBC Nightly News Headqrtrs 2016CBS News '60 Minutes' Editors and Reporters Unknown National Statesman NewsAustin Chronicle Editors Dailytexanonline NewsState Comptroller Criminal Investigations Division Chief Martin Canowindow@cpa.state.tx.us WallStJournalNewstips Society of Professional JournalistsTrevor Glynn Aurelio Contreras Kami (Denny's Lakeline Manager)Outback Asst Mgr Nick Burton John Cannon (2016)Rep. Naishtat Chief of Staff Dorothy BrowneState Rep. Donna Howard Constituent Services Dr. Scott DaigleAPD Officer James Turner City of Austin Interim City Attorney Anne MorganCity of Austin Open Govt. Compliance Chief Gayle (2016)Miami Herald Letters To Editor lpitts@miamiherald.comHouston Chronicle Letters To the Editor Tdna Info AmerSocietyofNewspaperEditorsTraviscountydemocrats Info Texas Tribune Editor In Chief Evan SmithTexas Legislative Council Legal Director Deborah Fulton Sona Nast Debbie BoltonYessenia (Denny's Lakeline)Harvard Kennedy School Carr Center for Human Rights Policy Los Angeles TimesSan Jose Mercury News Editors San Antonio Express-News Letters To EditorHuffington Post Editors Texas Monthly Story-Assignments Editor John BrodersAustin Mayor Steve Adler Austin City Council Member Delia Garza (2015)Council Member Kathie Tovo DMN Austin Bureau Reporter Robert GarrettU.S. Rep. Michael McCaul (2015) Kut News jeff@590klbj.com todd@590klbj.comdon@590klbj.com Chronicle of Higher Education 2016Chronicle of Higher Education Letters 2016 newstips@usatoday.comHuman Rights Law Society (U of Chicago) oprahnewsletter@oprah.comCNN.Viewer.Communications.Management State Rep. Dawnna Dukes Liz LaurenceLeslie DeGraffenried ylise.janssen@austinisd.org edna.butts@austinisd.orgjamie.turner@austinisd.org Austin City Auditor QA Coordinator (2016)Travis County Commisioner Ron Davis Travis County Commissioner Brigid SheaTravis County Auditor Nicki RileyTravis County Intergovernmental Relations Coordinator Eckstein Christian HawleyAnnie Arnold Lancaster Bruce Garrison Eric Jones Eric PolakLetterstoed Internet DropBox Dayna Blazey Nicole WaggonerState Rep. Todd Hunter State Rep. Senfronia Thompson State Senator Carlos UrestiHubert Vo Seliger, Honorable Kel Nelson, Honorable Jane Huffman, Honorable Joan
Hide


Aug 1 at 4:45 PM
Good afternoon John, it’s been several years since we’ve spoken by phone.  First, I would like to thank you for maintaining your end of our agreement not to expand your recipient list by adding anymore UT System representatives to your email chain.  Secondly, I would respectfully ask that your remove my name as well as Mr. Barry Burgdorf’s name from your recipient list.  Mr. Burgdorf is no longer with the UT System.  If there’s other UT System representatives I’ve missed, please remove them as well. At this juncture, I do not foresee any impact the UT System can have on your behalf.  Thirdly, I wish you well.

My Regards, Ruben Puente 

Ruben Puente
Assistant Director
Office of the Director of Police
The University of Texas System
201 West 7th Street, ASH 416, Austin, TX  78701
512-499-4686 Office, 512 499-4684 Fax
Follow Us:  www.utsystem.edu/pol


I myself am gainfully employed, and I lead a permanently alcohol-free (ever since 1990) and permanently marijuana-free (ever since 1984) lifestyle in the complete absence of my having ever consumed any illicit drug other than marijuana on any occasion in my entire life.

I am dependably civil and law-abiding and honest. I myself do not have any criminal-conviction record; and I am a former full-time employee in Austin of the Texas Department of Public Safety, the Texas Board of Pardons and Paroles, and the Texas Department of Criminal Justice state agencies, respectively.

I am a lifelong non-Christian gentleman, and I am the founder and only approved current member of a new and non-Christian implicitly-deistic "Honor Society" religion, the "Progressive Prohibitionist Religion", that has very stringent membership-eligibility requirements. 

That fully independent new religion opposes consumption of drinking alcohol, tobacco products, marijuana, or any other illicit drug; opposes the emblazoning of tattoos on human bodies; opposes facial hair on human beings; opposes anonymous communications violating the privacy rights of the individual being subjected to those types of communications against his wishes; opposes verbalization of profanity in everyday conversations with another person; opposes medically-injurious noise pollution; opposes personal-injury-crimes and sexual-assault crimes; opposes home-invasion crimes; opposes thought-control projects; opposes fraudulent or deliberately dishonest communications; and opposes fraudulent or injurious "medical services".

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

---Wind River Crossing Apartments, 11411 Research Boulevard, Apt. 325, Austin, Texas, 78759. I resided in that particular apartment unit from January 2002 until July 29, 2015, when my lease to reside there expired.

---Crossland Economy Studios, 12621 Hymeadow Road, Room 133, Austin, Texas, 78729. I officially resided at this particular Extended Stay America hotel and efficiency apartments facility in Williamson County from July 29, 2015, until late September 2015.

---Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759. I have resided in this unit with a self-identified "currently registered Austin Community College student", Mr. "Brett Andrew Meyer", as my one total official apartment-management-team-approved roommate ever since late September 2015.

Thank you in advance, UT-Austin Public Information Coordinator, for your prompt and very thorough and fully reliable reply letter providing me with any and all documents responsive to this public-information request from myself.

Please let me know in advance if you ever sense that you will be charging me more than $20 for providing me with any and all documents responsive to this public-information request.

Sincerely and Best Wishes,

John Kevin McMillan.
My home address: Village Oaks Apartments, 10926 Jollyville Road, Building 9, Apt. 902, Austin, Texas, 78759.
Home phone: (512) 342-2295.


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