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Office of the Attorney General - State of Texas John Cornyn |
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May 1, 2001 Mr. James L. Hall
OR2001-1775 Dear Mr. Hall: You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 146668. The Texas Department of Criminal Justice (the "department") received a request for a copy of a use of force incident report involving a specific inmate. The requestor also seeks information pertaining to other use of force incidents involving the same officer. You claim that the submitted use of force report is excepted from disclosure pursuant to sections 552.101, 552.107, 552.117, and 552.131 of the Government Code. We have considered the exceptions you claim and have reviewed the submitted information. We note at the outset that you did not submit information pertaining to other use of force incidents involving the same officer. We presume, therefore, to the extent that such information exists, it has been released. See Gov't Code §§ 552.006, .301, .302; see also Open Records Decision No. 664 (2000) (noting that if governmental body concludes that no exceptions apply to requested information, it must release information as soon as possible). You claim that the submitted use of force incident report is excepted from disclosure pursuant to section 552.131 of the Government Code. Section 552.131(a) states in pertinent part: (a) Except as provided by Subsection (b) or by Section 552.029, information obtained or maintained by the Texas Department of Criminal Justice is excepted from the requirements of Section 552.021 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). The use of force incident report concerns an inmate who is confined in a facility operated by the department. Therefore, we conclude that it is excepted from disclosure pursuant to section 552.131 of the Government Code. However, section 552.131(a) is explicitly made subject to section 552.029 of the Government Code. Basic information regarding an incident involving the use of force must be released in accordance with section 552.029(a)(8) of the Government Code. See Gov't Code, §§ 552.131(a), 552.029(a)(8). This office has determined that basic information under section 552.029(a)(8) includes the time and place of the incident, names of inmates and department officials directly involved in the incident, a brief narrative of the incident, a brief description of any injuries sustained, and information regarding criminal charges or disciplinary actions filed as a result of the incident. Therefore, except as noted above, the department must withhold the use of force incident report from disclosure under section 552.131 of the Government Code. Because we are able to make a determination under section 552.131, we need not address your other claimed exceptions. 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, June B. Harden
JBH/RJB/seg Ref: ID# 146668 Encl. Submitted documents cc: Mr. Salimah Musa
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |