 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
 |
April 3, 2008 Mr. Scott A. Durfee General Counsel Harris County District Attorney 1201 Franklin Street, Suite 600 Houston, Texas 77002-1923 OR2008-04466 Dear Mr. Durfee: 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# 305557. The Harris County District Attorney's Office (the "district attorney") received a request for specified e-mails, as well as four specified personnel files. You state that you have released some of the requested information. You further state that the district attorney does not possess records responsive to a portion of the requested information. (1) You also indicate that you are redacting social security numbers pursuant to section 552.147 of the Government Code. (2) You claim that a portion of the submitted information is not subject to the Act. You also claim that portions of the submitted information are excepted from disclosure under sections 552.101, 552.103, 552.108, 552.111, 552.117, 552.130, and 552.136 of the Government Code. (3) We have considered the exceptions you claim and reviewed the submitted information, portions of which are representative samples of information. (4) We have also considered comments submitted by the legal representative of two individuals. See Gov't Code § 552.304 (providing that interested party may submit comments stating why information should or should not be released). Initially, you inform us that a portion of the requested information was the subject of previous requests for information, in response to which this office issued Open Records Letter No. 2008-04403 (2008). We presume that the facts and circumstances have not changed since the issuance of this prior ruling. To the extent the information at issue is identical to the information previously requested and ruled upon by this office, the district attorney must withhold or release the information in accordance with Open Record Letter No. 2008-04403. See Open Records Decision No. 673 (2001) (so long as law, facts, and circumstances on which prior ruling was based have not changed, first type of previous determination exists where requested information is precisely same information as was addressed in a prior attorney general ruling, ruling is addressed to same governmental body, and ruling concludes that information is or is not excepted from disclosure). For the information not previously requested and ruled upon by this office, we will address your arguments for this information. Next, you claim that some of the submitted information is not subject to the Act. The Act is only applicable to "public information." See Gov't Code § 552.021. Section 552.002(a) defines public information as "information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; or (2) for a governmental body and the governmental body owns the information or has a right of access to it." Gov't Code § 552.002(a). Information that is collected, assembled, or maintained by a third party may be subject to disclosure under the Act if it is maintained for a governmental body, the governmental body owns or has a right of access to the information, and the information pertains to the transaction of official business. See Open Records Decision No. 462 (1987). After reviewing the e-mails at issue, we agree that the e-mails we have marked do not constitute "information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business" by or for the district attorney. See Gov't Code § 552.021; see also Open Records Decision No. 635 (1995) (statutory predecessor not applicable to personal information unrelated to official business and created or maintained by state employee involving de minimis use of state resources). Thus we conclude that the e-mails we have marked are not subject to the Act, and need not be released in response to this request. However, the remaining e-mails were created in connection with the transaction of official business by or for the district attorney. Therefore, the remaining e-mails are subject to the Act and may only be withheld if they are excepted from disclosure under an exception to the Act. We note that the submitted information contains password information. In Open Records Decision No. 581 (1990), this office determined that certain computer information, such as source codes, documentation information, and other computer programming that has no significance other than its use as a tool for the maintenance, manipulation, or protection of public property is not the kind of information made public under section 552.021 of the Government Code. Based on the reasoning in that decision and our review of the information at issue, we determine that the password information you have marked does not constitute public information under section 552.002. Accordingly, this information is not subject to the Act and need not be released to the requestor. (5) We next address the information contained in the requested personnel files. The personnel files contain W-4 forms. 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 made confidential by other statutes. Prior decisions of this office have held that section 6103(a) of title 26 of the United States Code renders tax return information confidential. See Attorney General Opinion H-1274 (1978) (tax returns); Open Records Decision No. 600 (1992) (W-4 forms). Tax return information is defined as data furnished to or collected by the Internal Revenue Service with respect to the determination of possible existence of liability of any person under title 26 of the United States Code for any tax. See 26 U.S.C. § 6103(b). Thus, the submitted W-4 forms constitute tax return information that must be withheld under section 552.101 of the Government Code in conjunction with federal law. The submitted information contains an I-9 form (Employment Eligibility Verification), which is governed by section 1324a of Title 8 of the United States Code. This section provides that an I-9 form and "any information contained in or appended to such form, may not be used for purposes other than for enforcement of this chapter" and for enforcement of other federal statutes governing crime and criminal investigations. See 8 U.S.C. § 1324a(b)(5); see also 8 C.F.R. § 274a.2(b)(4). Release of the form in this instance would be "for purposes other than for enforcement" of the referenced federal statutes. Accordingly, we conclude that the I-9 form, which we have marked, is confidential and may only be released in compliance with the federal laws and regulations governing the employment verification system. Section 552.101 also encompasses the federal Family and Medical Leave Act (the "FMLA"), section 2654 of title 29 of the United States Code. Section 825.500 of chapter V of title 29 of the Code of Federal Regulations identifies the record-keeping requirements for employers that are subject to the FMLA. Subsection (g) of section 825.500 states that [r]ecords and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files, and if ADA is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements[], except that: (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations; (2) First aid and safety personnel may be informed (when appropriate) if the employee's physical or medical condition might require emergency treatment; and (3) Government officials investigating compliance with FMLA (or other pertinent law) shall be provided relevant information upon request. 29 C.F.R. § 825.500(g). The information we have marked under the FMLA must be withheld under section 552.101 of the Government Code. You next raise section 552.101 in conjunction with section 411.034 of the Labor Code, which provides in pertinent part: (a) The identity of an employee in a report filed under Section 411.032 is confidential and may not be disclosed as part of the job safety information system. (b) A person commits an offense if the person knowingly, intentionally, or recklessly publishes, discloses, or distributes information that is confidential under this section to a person not authorized to receive the information. (c) A person commits an offense if the person knowingly, intentionally, or recklessly receives information that is confidential under this section and that the person is not authorized to receive. Labor Code § 411.034(a) - (c). Section 411.032(a) provides: (a) an employer shall file with the commission a report of each: (1) on-the-job injury that results in the employee's absence from work for more than one day; and (2) occupational disease of which the employer has knowledge. Id. § 411.032(a). These statutes make confidential the identity of an employee who suffers an on-the-job injury or occupational disease reported to the Workers' Compensation Division of the Texas Department of Insurance. You have failed to demonstrate that the submitted information reveals the identity of an employee who suffered an on-the-job injury or occupational disease reported to the Workers' Compensation Division of the Texas Department of Insurance. Therefore, none of the submitted information may be withheld under section 552.101 on this basis. Section 552.101 also encompasses the Medical Practices Act ("MPA"). Occ. Code §§ 151.001-165.160. Section 159.002 provides in pertinent part: (b) A record of the identity, diagnosis, evaluation, or treatment of a patient by a physician that is created or maintained by a physician is confidential and privileged and may not be disclosed except as provided by this chapter. (c) A person who receives information from a confidential communication or record as described by this chapter, other than a person listed in Section 159.004 who is acting on the patient's behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was first obtained. Id. § 159.002(b), (c). This office has concluded that the protection afforded by section 159.002 extends only to records created by either a physician or someone under the supervision of a physician. See Open Records Decision Nos. 487 (1987), 370 (1983), 343 (1982). We have also found that when a file is created as the result of a hospital stay, all the documents in the file relating to diagnosis and treatment constitute physician-patient communications or "[r]ecords of the identity, diagnosis, evaluation, or treatment of a patient by a physician that are created or maintained by a physician." Open Records Decision No. 546 (1990). Further, information that is subject to the MPA also includes information that was obtained from medical records. See Occ. Code. § 159.002(a), (b), (c); see also Open Records Decision No. 598 (1991). Medical records must be released upon the governmental body's receipt of the patient's signed, written consent, provided that the consent specifies (1) the information to be covered by the release, (2) reasons or purposes for the release, and (3) the person to whom the information is to be released. See Occ. Code §§ 159.004, .005. Section 159.002(c) also requires that any subsequent release of medical records be consistent with the purposes for which the governmental body obtained the records. See Open Records Decision No. 565 at 7 (1990). We have marked the medical records that are subject to the MPA. The district attorney may only disclose these records in accordance with the MPA. Section 552.101 also encompasses chapter 411 of the Government Code. Criminal history record information ("CHRI") generated by the National Crime Information Center ("NCIC") or by the Texas Crime Information Center ("TCIC") is confidential. The federal regulations allow each state to follow its individual law with respect to CHRI it generates. See Gov't Code § 411.083. Section 411.083 of the Government Code deems confidential CHRI that the Department of Public Safety ("DPS") maintains, except that the DPS may disseminate this information as provided in chapter 411, subchapter F of the Government Code. See id. Sections 411.083(b)(1) and 411.089(a) authorize a criminal justice agency to obtain CHRI; however, a criminal justice agency may not release CHRI except to another criminal justice agency for a criminal justice purpose. Id. § 411.089(b)(1). Other entities specified in chapter 411 of the Government Code are entitled to obtain CHRI from the DPS or another criminal justice agency; however, those entities may not release CHRI except as provided by chapter 411. See generally id. §§ 411.090 - .127. Furthermore, any CHRI obtained from the DPS or any other criminal justice agency must be withheld under section 552.101 of the Government Code in conjunction with Government Code chapter 411, subchapter F. A portion of the remaining submitted information constitutes CHRI generated by TCIC and NCIC, as well as the FBI. We have marked the information the district attorney must withhold pursuant to section 552.101 in conjunction with chapter 411 of the Government Code. The submitted personnel files also contain fingerprint information. Section 552.101 additionally encompasses chapter 560 of the Government Code, which provides that a governmental body may not release fingerprint information except in certain limited circumstances. See id. §§ 560.001 (defining "biometric identifier" to include fingerprints), .002 (prescribing manner in which biometric identifiers must be maintained and circumstances in which they can be released), .003 (providing that biometric identifiers in possession of governmental body are exempt from disclosure under Act). You do not inform us, and the submitted information does not indicate, that section 560.002 permits the disclosure of the submitted fingerprint information. Therefore, the district attorney must withhold the fingerprint information we have marked under section 552.101 of the Government Code in conjunction with section 560.003 of the Government Code. Section 552.101 also encompasses the doctrine of common-law privacy, which protects information that (1) contains highly intimate or embarrassing facts the publication of which would be highly objectionable to a reasonable person and (2) is not of legitimate concern to the public. Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668, 685 (Tex. 1976). The type of information considered intimate and embarrassing by the Texas Supreme Court in Industrial Foundation included information relating to sexual assault, pregnancy, mental or physical abuse in the workplace, illegitimate children, psychiatric treatment of mental disorders, attempted suicide, and injuries to sexual organs. Id. at 683. In addition, this office has found that the following types of information are excepted from required public disclosure under common-law privacy: personal financial information not relating to a financial transaction between an individual and a governmental body, see Open Records Decision Nos. 600 (1992), 545 (1990); some kinds of medical information or information indicating disabilities or specific illnesses, see Open Records Decision Nos. 470 (1987) (illness from severe emotional and job-related stress), 455 (1987) (prescription drugs, illnesses, operations, and physical handicaps); and identities of victims of sexual abuse, see Open Records Decision Nos. 440 (1986), 393 (1983), 339 (1982). Furthermore, an individual's criminal history when compiled by a governmental body may be protected under common-law privacy. Cf. United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749 (1989). We agree that some of the requested information is protected under common-law privacy; therefore, the district attorney must withhold the information you have marked, and the information we have marked, under section 552.101 of the Government Code. We find, however, that the criminal history at issue relates to district attorney employees. We believe the public has a legitimate interest in district attorney employees' criminal histories. See Open Records Decision No. 542 (1990) (information about the qualifications of a public employee is of legitimate concern to the public). Therefore, the criminal history of district attorney employees is not protected from public disclosure under the common-law right of privacy in this instance and may not be withheld under section 552.101 on that basis. Therefore, the district attorney may not withhold any of the remaining information under section 552.101 in conjunction with common-law privacy. You assert that some of the remaining information is excepted from disclosure under section 552.108 of the Government Code. Section 552.108 provides the following: (a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if: (1) release of the information would interfere with the detection, investigation, or prosecution of crime; (2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication; (3) it is information relating to a threat against a peace officer collected or disseminated under Section 411.048; or (4) it is information that: (A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or (B) reflects the mental impressions or legal reasoning of an attorney representing the state. (b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 if: (1) release of the internal record or notation would interfere with law enforcement or prosecution; (2) the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication; or (3) the internal record or notation: (A) is prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation; or (B) reflects the mental impressions or legal reasoning of an attorney representing the state. Gov't Code § 552.108. A governmental body claiming section 552.108 must reasonably explain how and why the release of the information at issue would interfere with law enforcement or prosecution. See Gov't Code §§ 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 some of the information at issue relates to pending criminal investigations or prosecutions. Based upon this representation and our review, we conclude that the release of the information we have marked would interfere with the detection, investigation, or prosecution of crime. 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). Therefore, section 552.108(a)(1) is applicable to the information we have marked and it may be withheld on that basis. A governmental body claiming section 552.108(a)(2) must demonstrate that the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. You state that a portion of the remaining information relates to criminal investigations that did not result in conviction or deferred adjudication. Based on this representation, the district attorney may withhold the information we have marked under section 552.108(a)(2) of the Government Code. You also claim that some of the remaining information was prepared by an assistant district attorney in anticipation of and in preparation for litigation and therefore consists of the assistant district attorney's work product. Upon review, we agree that this information was either prepared by an attorney representing the state in anticipation of or in the course of preparing for criminal litigation or reflects the mental processes or legal reasoning of an attorney representing the state. Therefore, we conclude that the information we have marked may be withheld from disclosure under sections 552.108(a)(4) and 552.108(b)(3) of the Government Code. You also raise section 552.108(b)(1) for a portion of the remaining information. Section 552.108(b)(1) excepts from disclosure "[a]n internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution [if] release of the internal record or notation would interfere with law enforcement or prosecution." This section is intended to protect "information which, if released, would permit private citizens to anticipate weaknesses in a police department, avoid detection, jeopardize officer safety, and generally undermine police efforts to effectuate the laws of this State." City of Fort Worth v. Cornyn, 86 S.W.3d 320, 327 (Tex. App.--Austin 2002, no pet.). This office has concluded that this provision protects certain kinds of information, the disclosure of which might compromise the security or operations of a law enforcement agency. See, e.g., Open Records Decision Nos. 531 (1989) (detailed guidelines regarding police department's use of force policy), 508 (1988) (information relating to future transfers of prisoners), 413 (1984) (sketch showing security measures for forthcoming execution). In Open Records Decision No. 506 (1988), this office determined that the statutory predecessor to section 552.108(b) excepted from disclosure "cellular mobile phone numbers assigned to county officials and employees with specific law enforcement responsibilities." ORD 506 at 2. We noted that the purpose of the cellular telephones was to ensure immediate access to individuals with specific law enforcement responsibilities and that public access to these numbers could interfere with that purpose. Id. To claim this aspect of section 552.108 protection, however, a governmental body must meet its burden of explaining how and why release of the requested information would interfere with law enforcement and crime prevention. Open Records Decision No. 562 at 10 (1990). Further, commonly known policies and techniques may not be withheld under section 552.108. See, e.g., Open Records Decision Nos. 531 at 2-3 (1989) (Penal Code provisions, common-law rules, and constitutional limitations on use of force are not protected under section 552.108), 252 at 3 (1980) (governmental body did not meet burden because it did not indicate why investigative procedures and techniques requested were any different from those commonly known with law enforcement and crime prevention). To prevail on its claim that section 552.108(b)(1) excepts information from disclosure, a law-enforcement agency must do more than merely make a conclusory assertion that releasing the information would interfere with law enforcement. The determination of whether the release of particular records would interfere with law enforcement is made on a case-by-case basis. Open Records Decision No. 409 at 2 (1984). You inform us that the e-mails at issue contain law enforcement sensitive information. Based on your representations and our review of the information at issue, we conclude that the district attorney may withhold the information we have marked under section 552.108(b)(1) of the Government Code. (6) However, we find that you have failed to demonstrate how release of any portion of the remaining information would interfere with law enforcement. Therefore, none of the remaining information may be withheld under section 552.108(b)(1) on that basis. You raise section 552.117 of the Government Code for some of the information contained in the personnel files. Section 552.117(a)(1) excepts from disclosure the current and former home addresses, telephone numbers, social security numbers, personal cellular telephone numbers, and family member information of current or former officials or employees of a governmental body who request that this information be kept confidential under section 552.024 of the Government Code. Gov't Code § 552.117(a)(1). Whether a particular piece of information is protected under section 552.117(a)(1) must be determined at the time the request for it is made. See Open Records Decision No. 530 at 5 (1989). You state, and provide documentation showing, that the employees at issue timely elected to keep their information confidential. We agree that most of the information you have marked is subject to section 552.117(a)(1). Thus, with the exception of the information we have marked for release, you must withhold the information you have marked under section 552.117(a)(1). You must also withhold the additional information we have marked under section 552.117(a)(1). We note that some of the remaining information is subject to section 552.117(a)(2) of the Government Code, which excepts from disclosure the current and former home addresses and telephone numbers, social security numbers, and family member information regarding a peace officer regardless of whether the officer elected under section 552.024 or 552.1175 of the Government Code to keep such information confidential. (7) We have marked information that must be withheld under section 552.117(a)(2) of the Government Code. (8) The remaining information is not the type of information protected by section 552.117 and may not be withheld on that basis. Section 552.130 excepts from disclosure "information [that] relates to. . . a motor vehicle operator's or driver's license or permit issued by an agency of this state [or] a motor vehicle title or registration issued by an agency of this state." Gov't Code § 552.130. Accordingly, the district attorney must withhold the Texas motor vehicle record information we have marked pursuant to section 552.130 of the Government Code. We note that the remaining information contains e-mail addresses subject to section 552.137 of the Government Code. (9) Section 552.137 excepts from disclosure "an e-mail address of a member of the public that is provided for the purpose of communicating electronically with a governmental body" unless the member of the public consents to its release or the e-mail address is of a type specifically excluded by subsection (c). Gov't Code § 552.137(a)-(c). The e-mail addresses we have marked are not of a type specifically excluded by section 552.137(c). Therefore, the district attorney must withhold the e-mail addresses we have marked in accordance with section 552.137 unless the district attorney receives consent for their release. In summary, to the extent the information at issue is identical to the information previously requested and ruled upon by this office, the district attorney must withhold or release the information in accordance with Open Record Letter No. 2008-04403. The e-mails we have marked and computer passwords you have marked are not subject to the Act and need not be released. The district attorney must withhold the information we have marked under section 552.101 in conjunction with (1) title 26 of the United States Code, (2) section 1324a of Title 8 of the United States Code, (3) the FMLA, (4) chapter 411 of the Government Code, (5) section 560.003 of the Occupations Code, and (6) common-law privacy. The marked medical records may only be released in accordance with the MPA. The information we have marked may be withheld under section 552.108 of the Government Code. Except where we have marked for release, the district attorney must withhold the information you have marked, and the additional information we have marked, under section 552.117(a)(1). The information we have marked must be withheld under section 552.117(a)(2). The Texas motor vehicle record information we have marked must be withheld under section 552.130. The e-mail addresses we have marked must be withheld under section 552.137 unless the district attorney receives consent for their release. The remaining information must be released. 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 file suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such a challenge, 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 challenge 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, Jordan Johnson Assistant Attorney General Open Records Division JJ/jb Ref: ID# 305557 Enc. Submitted documents c: Ms. Paige Hewitt ABC 13, KTRK TV 3310 Bissonnet Houston, Texas 77005 (w/o enclosures)
1. We note that the Act does not require a governmental body to disclose information that did not exist
at the time the request was received. Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266
(Tex.Civ.App.--San Antonio 1978, writ dism'd); Open Records Decision No. 452 at 3 (1986).
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.
While you also raise sections 552.102, 552.107, and 552.109 of the Government Code, you have
provided no arguments explaining how these exceptions are applicable to the submitted information. Therefore,
we presume you no longer assert these exceptions to disclosure. Gov't Code §§ 552.301, .302. Although the
district attorney also asserts section 552.1175, the proper exception is section 552.117 of the Government Code
because section 552.117 applies to information the district attorney maintains as the employer of the employees
at issue.
We assume that the "representative sample" of records submitted to this office is truly representative
of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open
records letter does not reach, and therefore does not authorize the withholding of, any other requested records
to the extent that those records contain substantially different types of information than that submitted to this
office.
As we are able to make this determination, we need not address your argument under section 552.136
of the Government Code.
As our ruling is dispositive, we need not address your remaining arguments against the disclosure of
this information.
"Peace officer" is defined by Article 2.12 of the Texas Code of Criminal Procedure.
We note that in Open Records Decision No. 670 (2001), the attorney general determined that all
governmental bodies may withhold information that reveals a peace officer's home address, home telephone
number, personal cellular phone number, personal pager number, social security number, and information that
reveals whether the individual has family members without the necessity of requesting an attorney general
decision as to whether the exception under section 552.117(a)(2) applies.
The Office of the Attorney General will raise a mandatory exception on behalf of a governmental
body, but ordinarily will not raise other exceptions. Open Records Decision Nos. 481 (1987), 480 (1987), 470
(1987). POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |