Open Records Decision No. 356
December 31, 1982

	Re:  Availability of report on policeman's misconduct to subject of report

Mr. Jake Talley, Jr.
Assistant City Attorney
City of San Antonio
P.O. Box 9066
San Antonio, Texas  78285

Dear Mr. Talley:

	Your request for our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., concerns the following facts.  In February, 1981, a police lieutenant prepared a 
report concerning the conduct of one of his detectives and submitted it to the chief of 
police.  The detective was shown a copy of the report, and he responded by contending 
that it contained false statements about him.  He asked that it be expunged from his 
personnel file, and this request was granted.  The chief of police subsequently 
investigated the charges made by both the lieutenant and the detective, but found no 
evidence of wrongdoing.  The detective has now requested a copy of this report.

	Although you do not indicate what became of this report after it was “expunged” 
from the detective's personnel file, we must assume that it is being kept elsewhere in the 
department's records.  Section 12 of article 6252-17a provides as follows:

	Any person who wilfully destroys, multilates, removes without 
permission as provided herein, or alters public records shall be 
guilty of a misdemeanor. . . .

This section would clearly prohibit the department from completely eliminating the 
report from its records.  See also Attorney General Opinion MW-327 (1981).

	Section 3(a) of the Open Records Act provides that:

	All information collected, assembled, or maintained by 
governmental bodies pursuant to law or ordinance or in connection 
with the transaction of official business is public information and 
available to the public . . . with the following exceptions only: . . . 
(Emphasis added).

	Whether or not this report is technically deemed to be part of the detective's 
personnel file, it clearly constitutes information “collected, assembled, or maintained by” 
a governmental body within the meaning of section 3(a).  Such information is expressly 
made public unless it falls within at least one of the enumerated exemptions.  Section 
7(a), moreover, imposes a duty on the governmental body to inform this office of the 
exception or exceptions which it believes applies.  Because you have cited no exception 
and made no argument in making an exception, we conclude that the report must be 
made available to the detective.  We do not consider its availability to other persons.

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 Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

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