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Office of the Attorney General - State of Texas John Cornyn |
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April 30, 2001 Mr. Leonard W. Peck, Jr.
OR2001-1749 Dear Mr. Peck: You ask whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 146583. The Texas Department of Criminal Justice (the "department") received two requests for information pertaining to a major use of force and related employee disciplinary matters. You state that the department is releasing what you describe as "personnel processing documents" to both of the requestor. You claim that responsive information pertaining to the use of force and a related investigation is excepted from disclosure under sections 552.101, 552.107(2), 552.108, and 552.131 of the Government Code. We have considered the exceptions you raise and have reviewed the information you submitted. Section 552.131 of the Government Code relates to inmates of the department and provides in relevant part: (a) Except as provided by Subsection (b) or by Section 552.029 [of the Government Code], information obtained or maintained by the Texas Department of Criminal Justice is excepted from [required public disclosure] if it is information about an inmate who is confined in a facility operated by or under a contract with the department. Gov't Code § 552.131(a). Section 552.029 of the Government Code provides in relevant part that, "[n]otwithstanding . . . Section 552.131," eight specified categories of "information about an inmate who is confined in a facility operated by or under a contract with [TDCJ are] subject to required disclosure," including (8) basic information regarding the death of an inmate in custody, an incident involving the use of force, or an alleged crime involving the inmate. Gov't Code § 552.029(8). Thus, the legislature explicitly made section 552.131 subject to section 552.029. We conclude that the submitted documents constitute information about an inmate confined in a facility operated by or under contract with the department and thus are subject to section 552.131(a). You acknowledge that the information at issue relates to an incident involving the use of force. Additionally, we note that the submitted documents refer to an alleged assault by an inmate on an employee of the department. Thus, we conclude that the information at issue also relates to "an alleged crime involving the inmate." Accordingly, section 552.029(8) requires the disclosure of basic information about both of these aspects of the incident in question. The basic information that is subject to disclosure under section 552.029(8) includes the time and place of the incident, the names of inmates and of department employees who were involved, a brief narrative of the incident, a brief description of any injuries sustained by anyone involved, and information regarding any criminal charges or disciplinary actions that were filed as a result of the incident. The submitted information that is not subject to disclosure under section 552.029 is excepted from disclosure under section 552.131. As we are able to make this determination, we need not address your arguments under sections 552.101, 552.107(2), and 552.108.(1) This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a). If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body's intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e). If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ). Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the General Services Commission at 512/475-2497. If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling. Sincerely, James W. Morris, III
JWM/rr Ref: ID# 146583 Encl: Submitted documents cc: Mr. Brandon Brown
Mr. Allen Smith
Footnotes 1. We note that the Texas Board of Criminal Justice has determined that information that is subject to disclosure under section 552.029 of the Government Code does not constitute "sensitive information" under Ruiz v. Estelle, 503 F. Supp. 1265 (S.D. Tex. 1980), aff'd in part and rev'd in part, 679 F.2d 1115, amended in part and vacated in part, reh'g denied, 688 F.2d 266 (5th Cir. 1982), cert. denied, 460 U.S. 1042 (1983). POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |