 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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June 13, 2003 Mr. G. Chadwick Weaver
OR2003-4096 Dear Mr. Weaver: You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 182763. The City of Midland (the "city") received two requests from the same requestor for information pertaining to five incidents. You state that you have provided the requestor with some responsive information. You claim, however, that the remaining requested information, or portions thereof, is excepted from disclosure pursuant to sections 552.101, 552.108, and 552.130 of the Government Code. We have considered the exceptions you claim and have reviewed the submitted information. You claim that portions of the submitted information are excepted from disclosure pursuant to section 552.101 of the Government Code in conjunction with chapter 772 of the Health and Safety Code.(1) Chapter 772 authorizes the development of local emergency communications districts. Sections 772.118, 772.218, and 772.318 of the Health and Safety Code are applicable only to an emergency 911 district established in accordance with chapter 772. See Open Records Decision No. 649 at 1-3 (1996). Section 772.118 applies to emergency communication districts for counties with a population over two million. Section 772.218 applies to emergency communication districts for counties with a population over 860,000. Section 772.318 applies to emergency communication districts for counties with a population over 20,000. Subchapter E, which applies to counties with populations over 1.5 million, does not contain a confidentiality provision regarding 911 telephone numbers and addresses. See Health & Safety Code § 772.401, et seq. These particular sections make confidential the originating telephone number and address of a 911 caller that are furnished by a service supplier. See id. at 2. We also note, however, that these sections are only applicable to originating telephone numbers and addresses obtained by a 911 district's use of a service supplier's database. See Open Records Decision No. 649 at 2 (1996). We assume that any emergency 911 district associated with the submitted information was established in accordance with chapter 772. You state that the call sheets that you submitted to us as Exhibit B have been disclosed to the requestor, except for the telephone numbers and associated addresses contained within that exhibit. To the extent that the originating addresses and telephone numbers contained within that exhibit and the audiotape that you submitted to us as Exhibit C were supplied by a 911 service supplier to an emergency 911 district that is subject to subchapter C of chapter 772 of the Health and Safety Code, the addresses and telephone numbers are confidential under chapter 772 and, thus, must be withheld pursuant to section 552.101 of the Government Code. However, if the originating addresses and telephone numbers were not provided by a 911 service supplier to an emergency 911 district subject to subchapter C of chapter 772, they must be released to the requestor. In any event, the city must release the remaining portions of the submitted audiotape to the requestor. You claim that the remaining submitted information is excepted from disclosure pursuant to section 552.108(a)(2) of the Government Code. Section 552.108(a)(2) protects records pertaining to criminal investigations or prosecutions that have concluded in a final result other than conviction or a deferred adjudication. See Gov't Code § 552.108(a)(2). You state that the remaining submitted information pertains to concluded investigations and closed cases. Thus, we understand from your representations that the investigations associated with the remaining submitted information concluded in final results other than convictions or deferred adjudications. Accordingly, we agree that section 552.108(a)(2) is applicable to the remaining submitted information. We note, however, that section 552.108 does not except from disclosure basic information about an arrested person, an arrest, or a crime. See Gov't Code § 552.108(c). We believe such basic information refers to the information held to be public in Houston Chronicle Publishing Company v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). See Open Records Decision No. 127 (1976) (summarizing types of basic information that must be made available to public). Accordingly, with the exception of basic information that must be released to the requestor from throughout all of the remaining submitted information, we conclude that the city may withhold the remaining submitted information pursuant to section 552.108(a)(2) of the Government Code. We note, however, that the city maintains the discretion to release all or part of the information that is not otherwise confidential by law. See Gov't Code § 552.007.(2) In summary, to the extent that the originating addresses and telephone numbers contained within the call sheets that you submitted to us as Exhibit B and the audiotape that you submitted to us as Exhibit C were supplied by a 911 service supplier to an emergency 911 district that is subject to subchapter C of chapter 772 of the Health and Safety Code, the addresses and telephone numbers are confidential under chapter 772 and, thus, must be withheld pursuant to section 552.101 of the Government Code. The remaining portions of the submitted audiotape must be released to the requestor. With the exception of basic information that must be released to the requestor from throughout all of the remaining submitted information, we conclude that the city may withhold the remaining submitted information pursuant to section 552.108(a)(2) of the Government Code. 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 Dep't of Pub. 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 Texas Building and Procurement 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. We note that a third party may challenge this ruling by filing suit seeking to withhold information from a requestor. Gov't Code § 552.325. 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, Ronald J. Bounds
c: Ms. Alicia Chunglo
Footnotes 1. Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. Section 552.101 encompasses information that is protected from disclosure by other statutes. 2. Because we base our ruling on sections 552.101 and 552.108, we need not address your remaining claimed exception to disclosure. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB:WWW.OAG.STATE.TX.US |