January 12, 2010

Deputy Danie Huffman

Parker County Sheriff's Office

129 Hogle Street

Weatherford, Texas 76086

OR2010-00600

Dear Deputy Huffman:

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# 366910.

The Parker County Sheriff's Office (the "sheriff") received a request for all records pertaining to case number 2008-20052. You claim the submitted incident report is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

Section 552.108(a)(2) 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 . . . 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[.]" Gov't Code § 552.108(a)(2). Section 552.108(a)(2) is applicable only if the information at issue relates to a concluded criminal case that did not result in a conviction or a deferred adjudication. A governmental body that claims an exception to disclosure under section 552.108 must reasonably explain how and why this exception is applicable to the information the governmental body seeks to withhold. See id. § 552.301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You assert the submitted incident report pertains to a concluded criminal investigation that did not result in a conviction or deferred adjudication. Therefore, we agree section 552.108(a)(2) is applicable to the submitted report.

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 Publishing 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), and includes a detailed description of the offense. See Open Records Decision No. 127 (1976) (summarizing types of information made public by Houston Chronicle). You seek to withhold the suspects' identifying information and the names of undercover police officers from the basic information. In this instance, most of the undercover police officers listed in the report are listed as witnesses. Suspects' and witnesses' identifying information is not considered basic information and need not be released as part of basic information. We note, however, one of the undercover officers is listed as the investigating officer. The identifying information of an investigating officer is part of basic information and generally must be released as part of basic information.

Section 552.151 of the Government Code provides:

Information in the custody of a governmental body that relates to an employee or officer of the governmental body is excepted from the requirements of Section 552.021 if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm.

Gov't Code § 552.151. You indicate to this office the release of the undercover investigating officer's name would cause the officer to face a substantial threat of physical harm. Therefore, we find the sheriff has demonstrated release of the undercover investigating officer's name would subject the officer to a substantial threat of physical harm. Accordingly, we conclude the sheriff must withhold the undercover investigating officer's name from the basic information under section 552.151 of the Government Code. The remaining basic information must be released.

In summary, with the exception of basic information, the sheriff may withhold the submitted incident report under section 552.108(a)(2) of the Government Code. In releasing the basic information, the sheriff must withhold the undercover investigating officer's name under section 552.151 of the Government 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, toll free, at (888) 672-6787.

Sincerely,

Leah B. Wingerson

Assistant Attorney General

Open Records Division

LBW/dls

Ref: ID# 366910

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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