 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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October 9, 2007 Ms. Jerris Penrod Mapes OR2007-13014 Dear Ms. Mapes: 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# 291058. The Killeen Police Department (the "department") received a request for a specified accident report. You claim that the requested information is excepted from disclosure under sections 552.101 and 552.108 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information. Initially, we note that a portion of the requested information was the subject of a previous ruling from this office. In Open Records Letter No. 2007-10465 (2007), we concluded that, with the exception of the basic information, which must be released, the department may withhold the documents at issue under section 552.108(a)(1). We presume that the pertinent facts and circumstances have not changed since the issuance of that prior ruling. (1) Accordingly, the department may continue to rely on our prior ruling with respect to any information requested in that instance that is also at issue here. See Gov't Code § 552.301(f); ORD No. 673 (2001). To the extent the requested information was not addressed in Open Records Letter No. 2007-10465, we will address your claims for exception from disclosure. 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. This exception encompasses information made confidential by other statutes. Section 261.201 of the Family Code provides in part: (a) The following information is confidential, is not subject to public release under Chapter 552, Government Code, and may be disclosed only for purposes consistent with this code and applicable federal or state law or under rules adopted by an investigating agency: (1) a report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report; and (2) except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation. Fam. Code § 261.201(a). Upon review, we find that you have not established, and the remaining information does not otherwise indicate, how these specific documents were used or developed in an investigation of child abuse or neglect for chapter 261 purposes. We therefore determine that section 261.201 is not applicable to the remaining information. Accordingly, the department may not withhold any of the remaining information under section 552.101 in conjunction with section 261.201 of the Family Code. Section 552.108 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. § 552.301(e)(1)(a); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). In this instance, you state that the requested information pertains to an open investigation. Based on your representations and our review of the records, we agree that section 552.108(a)(1) applies to the remaining information. See Houston Chronicle Publ'g Co. 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) (court delineates law enforcement interests that are present in active cases). However, section 552.108 does not except from disclosure basic information about an arrested person, an arrest, or a crime. Gov't Code § 552.108(c). Basic information refers to the information held to be public in Houston Chronicle. 531 S.W.2d at 177. Thus, with the exception of the basic front page information, the department may withhold the remaining information from disclosure based on section 552.108(a)(1). In summary, to the extent that the requested information is encompassed by Open Records Letter No. 2007-10465, the department must continue to rely on the previous ruling. With the exception of basic information, the department may withhold the remaining information under section 552.108 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, 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, Loan Hong-Turney Assistant Attorney General Open Records Division LH/jb Ref: ID# 291058 Enc. Submitted documents c: Ms. Lakesha Smith 4408 Tidal Wave Drive Killeen, Texas 76549 (w/o enclosures)
1. The four criteria for this type of "previous determination" are 1) the records or information at issue
are precisely the same records or information that were previously submitted to this office pursuant to
section 552.301(e)(1)(D) of the Government Code; 2) the governmental body which received the request for
the records or information is the same governmental body that previously requested and received a ruling from
the attorney general; 3) the attorney general's prior ruling concluded that the precise records or information are
or are not excepted from disclosure under the Act; and 4) the law, facts, and circumstances on which the prior
attorney general ruling was based have not changed since the issuance of the ruling. See Open Records
Decision No. 673 (2001). POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |