 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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February 25, 2010 Mr. James D. Parker Knight & Partners Assistant City Attorney for City of Dublin 223 West Anderson Lane, Suite A-105 Austin, Texas 78752 OR2010-02848 Dear Mr.Parker: 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# 371795. The Dublin Police Department (the "department"), which you represent, received two requests from the same requestor for calls for service to two specified addresses during a specific time period. You state some of the requested information has been or will be provided to the requestor. You claim that the submitted information is excepted from disclosure under section 552.108 of the Government Code. (1) We have considered the exception 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." (2) Gov't Code § 552.101. Section 552.101 encompasses section 261.201 of the Family Code, which provides as follows: (a) [T]he following information is confidential, is not subject to public release under [the Act] 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). A portion of the submitted information was used or developed in an investigation of an alleged injury to a child. See id. § 261.001(1) (defining "abuse" for purposes of Fam. Code ch. 261); 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). Thus, we find the information at issue, which we have marked, is within the scope of section 261.201. You have not indicated the department has adopted a rule that governs the release of this type of information; therefore, we assume that no such regulation exists. It does not appear any of the exceptions in section 261.201 apply. Thus, the department must withhold the information we have marked information under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. You claim the remaining information is excepted from disclosure under section 552.108 of the Government Code. Section 552.108 provides in part: (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; [or] (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[.] Gov't Code § 552.108(a)(1), (2). The protections offered by sections 552.108(a)(1) and 552.108(a)(2) of the Government Code are, generally, mutually exclusive. Section 552.108(a)(1) applies to information that pertains to a criminal investigation or prosecution that is currently pending, while section 552.108(a)(2) protects law enforcement records that pertain to a criminal investigation or prosecution that has concluded in final results other than a criminal conviction or deferred adjudication. A governmental body claiming section 552.108(a)(1) must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. §§ 552.108(a)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). A governmental body that claims 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. See Gov't Code §§ 552.108(a)(2), .301(e)(1)(A). You state the remaining information relates to an ongoing criminal investigation and prosecution. Based upon your representation, we conclude the release of the remaining information 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., 536 S.W.2d 559 (Tex. 1976) (per curiam) (court delineates law enforcement interests that are present in active cases). Accordingly, we find section 552.108(a)(1) is applicable to the remaining information. We note, however, that 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. See 536 S.W.2d at 559; Open Records Decision No. 127 (1976) (summarizing types of information made public by Houston Chronicle). With the exception of basic information, the department may withhold the remaining information under section 552.108(a)(1) of the Government Code. In summary, the department must withhold the information we have marked under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. With the exception of basic information, the department may withhold the remaining information under section 552.108(a)(1) 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, Christina Alvarado Assistant Attorney General Open Records Division CA/rl Ref: ID# 371795 Enc. Submitted documents cc: Requestor (w/o enclosures) Footnotes1. Although you also raise section 552.103 of the Government Code as an exception to disclosure of the submitted information, you have provided no arguments regarding the applicability of this section. Therefore, we assume you no longer assert this section. See Gov't Code §§ 552.301(b), (e), .302. 2. The Office of the Attorney General will raise a mandatory exception on behalf of a governmental body, but ordinarily will not raise other exceptions. See Open Records Decision Nos. 481 (1987), 480 (1987), 470 (1987).
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