 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
 |
February 9, 2009 Ms. Michelle L. Villarreal Assistant City Attorney City of Waco - Legal Services P.O. Box 2570 Waco, Texas 76702-2570 OR2009-01676 Dear Ms. Villarreal: 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# 334728 (City of Waco Reference # LGL-08-1147). The Waco Police Department (the "department") received a request for all CAD calls and reports made pertaining to a named individual during a specified time period. You claim that the requested 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. 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 the doctrine of common-law privacy, which protects information that is (1) highly intimate or embarrassing, such that its release would be highly objectionable to a reasonable person, and (2) not of legitimate concern to the public. See Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668, 685 (Tex. 1976). A compilation of an individual's criminal history is highly embarrassing information, the publication of which would be highly objectionable to a reasonable person. Cf. U. S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 764 (1989) (when considering prong regarding individual's privacy interest, court recognized distinction between public records found in courthouse files and local police stations and compiled summary of information and noted that individual has significant privacy interest in compilation of one's criminal history). Furthermore, we find that a compilation of a private citizen's criminal history is generally not of legitimate concern to the public. However, information that refers to an individual solely as a victim, witness, or involved person is not private and may not be withheld under section 552.101 on that basis. In this instance, the request is for any and all records pertaining to a named individual during a specified time period. This request requires the department to compile the named individual's criminal history. Therefore, to the extent the department maintains law enforcement records depicting the named individuals as suspect, arrestee, or criminal defendant, the department must withhold such information under section 552.101 in conjunction with common-law privacy. We note that you have submitted information that does not list the named individual as a suspect, arrestee, or criminal defendant. This information does not implicate the privacy interests of the named individual. Thus, we will address your remaining arguments against the disclosure of this information. Section 552.101 also encompasses information protected by other statutes, such as section 58.007 of the Family Code. Section 58.007 provides in pertinent part as follows: (c) Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be: (1) if maintained on paper or microfilm, kept separate from adult files and records; (2) if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and (3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapter B. Fam. Code § 58.007(c). Law enforcement records relating to juvenile conduct, whether delinquent conduct or conduct in need of supervision, that occurred on or after September 1, 1997, are confidential under section 58.007 of the Family Code. See id. § 51.03 (defining "delinquent conduct" and "conduct indicating a need for supervision" for purposes of title 3 of the Family Code). For purposes of section 58.007, "child" means a person who is ten years of age or older and under seventeen years of age. See id. § 51.02(2). We note section 58.007(c) does not apply to law enforcement records that involve a juvenile only as a complainant, victim, witness, or other involved party; rather, the juvenile must be involved as a suspect, offender, or defendant. Upon review, we find that report numbers 08-19880, 08-14250, and 08-19878, the related CAD call sheets, and the submitted 9-1-1 call recording involve allegations of a juvenile engaged in delinquent conduct or conduct indicating a need for supervision that occurred after September 1, 1997. See id. § 51.03. It does not appear that any of the exceptions in section 58.007 of the Family Code apply to this information. Thus, report numbers 08-19880, 08-14250, and 08-19878, the related CAD call sheets, and the submitted 9-1-1 call recording are subject to section 58.007(c), and must be withheld under section 552.101 of the Government Code. (1) However, we note that report number 08-21452 and its related CAD call sheet do not list a juvenile as a suspect or offender for the incident that is the basis for the report; instead, the juvenile was the victim. Therefore, we find this report is not a juvenile law enforcement record and no portion of it may be withheld under section 552.101 of the Government Code in conjunction with section 58.007 of the Family Code. Section 552.101 of the Government Code also encompasses section 261.201(a) of the Family Code, which provides as follows: 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). We note that the department is an agency authorized to conduct a chapter 261 investigation. See id. § 261.103 (listing agencies that may conduct child abuse investigations). Report number 08-21452 and the related CAD call sheet pertains to a investigation of alleged child abuse and is, therefore, within the scope of section 261.201 of the Family Code. See id. § 261.001 (defining "abuse" for purposes of chapter 261 of the Family Code); see also id. § 101.003(a) (defining "child" for purposes of this section as person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes). You have not indicated that the department has adopted a rule that governs the release of this type of information. Therefore, we assume that no such regulation exists. Given that assumption, report number 08-21452 and the related CAD call sheet is confidential pursuant to section 261.201 of the Family Code and must be withheld under section 552.101 of the Government Code. (2) See Open Records Decision No. 440 at 2 (1986) (predecessor statute). In summary, to the extent the department maintains law enforcement records depicting the named individual as a suspect, arrestee, or criminal defendant, the department must withhold such information under section 552.101 in conjunction with common-law privacy. The department must withhold report numbers 08-19880, 08-14250, and 08-19878, the related CAD call sheets, and the submitted 9-1-1 call recording under section 552.101 of the Government Code in conjunction with section 58.007 of the Family Code. The department must also withhold report number 08-21452 and the related CAD call sheet under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. This letter ruling is limited to the particular information 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 information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General at (512) 475-2497. Sincerely, Laura E. Ream Assistant Attorney General Open Records Division LER/jb Ref: ID# 334728 Enc. Submitted documents cc: Requestor (w/o enclosures)
1. As our ruling is dispositive, we need not address your remaining arguments against the disclosure of
report numbers 08-19880, 08-14250, and 08-19878, the related CAD call sheets, and the submitted 9-1-1 call.
As our ruling is dispositive, we need not address your remaining arguments against the disclosure of
this information. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |