Open Records Decision No. 354
December 31, 1982

	Re:  Whether information concerning a police officer and an arrest made by him 
are available to a third party under the Open Records Act

Honorable Lee E. Holt
Dallas City Attorney
City Hall
Dallas, Texas  75201

Dear Mr. Holt:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to the availability of information relating to an investigation into police 
conduct during an arrest.  The records being sought include the periodic evaluation 
reports of one of the officers involved, as well as the report of an internal investigation 
conducted by the Dallas Police Department to determine the circumstances of the arrest 
of the complaining individual.

	The periodic evaluation reports at issue here consist exclusively of the kind of 
"advice, opinion and recommendations" which we have long held to be clearly excepted 
under section 3(a)(11) of the Open Records Act.  Open Records Decision Nos. 273 
(1981); 239 (1980).  In addition, some portions of the internal investigative report into 
the alleged police misconduct contain the advice, opinions and recommendations of the 
investigator, and thus, are also excepted from disclosure by section 3(a)(11).

	Most of the remainder of the investigative report, and the attachments thereto, 
consists of the kind of law enforcement records considered by the court in Houston 
Chronicle Publishing Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App. - Houston 
[14th Dist.] 1975), writ ref'd n.r.e., 536 S.W.2d 559 (Tex. 1976), and in Open Records 
Decision No. 127 (1976).  The arrestee's criminal history and arrest record and the 
identification of statements by witnesses are excepted from disclosure by section 3(a)(8).  
The two officers' narrative versions of the incident do, however, constitute public 
information.  Cf. Open Record Decision No. 251 (1980) (records prepared in 
contemplation of civil litigation).  On the basis of the standards set forth in Open Records 
Decision No. 127, you should delete those portions of the record which are excepted by 
sections 3(a)(11) and 3(a)(8) and furnish the remainder to the requestor.

	We note that the Police Department's final action on the complaint is subject to 
disclosure under section 6(12) of the Act.  Open Records Decision No. 106 (1975).

Very truly yours,

MARK WHITE
Attorney General of Texas

JOHN W. FAINTER, JR.
First Assistant Attorney General

RICHARD E. GRAY III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Walter Davis
Rick Gilpin
Jim Moellinger
Bruce Youngblood