February 14, 2007

Mr. Todd A. Miller
Chief of Police
Terrell Police Service
P. O. Box 310
Terrell, Texas 75160

OR2007-01912

Dear Mr. Miller:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 271472.

The Terrell Police Service (the "service") received four requests for all information regarding a specific incident. You claim that the submitted information is excepted from disclosure under sections 552.101, 552.108, and 552.130 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Initially, we note the submitted information includes executed search warrants, which are subject to section 552.022 of the Government Code. Section 552.022 provides in part:

(a) Without limiting the amount or kind of information that is public information under this chapter, the following categories of information are public information and not excepted from required disclosure under this chapter unless they are expressly confidential under other law:

. . .

(17) information that is also contained in a public court record[.]

Gov't Code § 552.022(a)(17). Section 552.022(a)(17) makes the executed search warrants that have been filed with a court expressly public. Therefore, the service may withhold the executed search warrants only to the extent the information is made confidential under other law. Although the service raises section 552.108 for this information, this exception is discretionary and thus, does not make information confidential. See Open Records Decision No. 665 at 2 n.5 (2000) (discretionary exceptions generally). Therefore, the executed search warrants may not be withheld under section 552.108 of the Government Code.

We note, however, that the executed search warrants contain information that is subject to section 552.130 of the Government Code, which constitutes other law for the purposes of section 522.022. In relevant part, section 552.130 provides:

(a) Information is excepted from required public disclosure if the information relates to:

(1) a motor vehicle operator's or driver's license or permit issued by an agency of this state; [or]

(2) a motor vehicle title or registration issued by an agency of this state[.]

Gov't Code § 552.130(a)(1), (2). Therefore, you must withhold the Texas-issued motor vehicle record information we have marked on the executed search warrants under section 552.130 of the Government Code.

Now we turn to you arguments regarding the remaining submitted information. Section 552.108(a) of the Government Code excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime." Gov't Code § 552.108(a)(1). Generally, a governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. §§ 552.108(a)(1), (b)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state that the records at issue relate to a pending criminal investigation. Based upon this representation, we conclude that the release of this information would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co., 531 S.W.2d 177(court delineates law enforcement interests that are present in active cases).

We note, however, section 552.108 does not except from disclosure basic information about an arrest, an arrested person, or a crime. Gov't Code § 552.108(c). Such basic information refers to the information held to be public in Houston Chronicle. See Open Records Decision No. 127 (1976) (summarizing types of information considered to be basic information). Thus, the service must release basic front-page information under section 552.108(c), which includes a detailed description of the offense, even if the information does not literally appear on the front page of an offense or arrest report. We also note that information at issue contains the arrestees' social security numbers. Section 552.147 of the Government Code provides that "[t]he social security number of a living person is excepted from" required public disclosure under the Act. Gov't Code § 552.147. Therefore, the service must withhold the arrestees' social security numbers under section 552.147 of the Government Code. ⁽¹⁾ Although section 552.108(a)(1) authorizes you to withhold the remaining marked information from disclosure, you may choose to release all or part of this information that is not otherwise confidential by law. See Gov't Code § 552.007.

In summary, with the exception of the information we have marked under section 552.130 of the Government Code, the service must release the executed search warrants pursuant to section 552.022(a)(17) of the Government Code. The service must withhold the arrestees' social security numbers under section 552.147 of the Government Code. With the exception of the basic information, which includes a detailed description of the offense, the service may withhold the remaining information under section 552.108(a)(1) of the Government Code. As our ruling is dispositive, we need not address your remaining arguments against disclosure.

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, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the Government Code. If the governmental body fails to do one of these things, 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 Office of the Attorney General 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,

Jaclyn N. Thompson

Assistant Attorney General

Open Records Division

JNT/krl

Ref: ID# 271472

Enc. Submitted documents

c: Mr. Scott Lewinter

Assignment Editor

KDFW Fox 4

Dallas, Texas 75202

(w/o enclosures)

Mr. Justin Jones

The Terrell Tribune

P. O. Box 669

Terrell, Texas 75160

(w/o enclosures)

Mr. Kevin J. Cook

Payne & Blanchard, LLP

760 North Pearl Street, Suite 500

LB 393, North Tower

Dallas, Texas 75201-7424

(w/o enclosures)

Karel Holloway

Managing Editor

Kaufman County Online.com

Kaufman, Texas

(w/o enclosures)

Footnotes

1. We note that section 552.147(b) of the Government Code authorizes a governmental body to redact a living person's social security number from public release without the necessity of requesting a decision from this office under the Act.

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