February 14, 2005

Ms. YuShan Chang
Assistant City Attorney
City of Houston
P.O. Box 1562
Houston, Texas 77251-1562

OR2005-01317

Re: Request for incident report number 152580004 U

Dear Ms. Chang:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 221366.

After reviewing your arguments and the submitted information, we have determined that your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim that the submitted information may be withheld from the requestor pursuant to section 552.108(a)(2) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(2) you may withhold the submitted information. However, you must release the basic information.

The requestor asserts access to the information pursuant to section 552.023 of the Government Code, which provides a person with a right of access to information [held by an agency] that relates to the person and to protect that person/s privacy. Here, the information is withheld because of a law enforcement interest, not to protect the person's privacy. Thus, the requestor does not have access under section 552.023.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

cc: Tracy L. Jackson
Eggleston & Briscoe
4800 Three Allen Center
333 Clay Street
Houston, Texas 77002
(w/o enclosures)

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