January 5, 2011

Mr. Adam C. Falco

Senior Assistant City Attorney

City of College Station

P.O. Box 9960

College Station, Texas 77842

OR2011-00187

Dear Mr. Falco:

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# 405878.

The College Station Police Department (the "department") received a request for a specified police report. You state the department has released basic information to the requestor pursuant to section 552.108(c) of the Government Code. You claim the submitted information 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 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). You state the submitted information at issue concerns a criminal investigation that did not result in conviction or deferred adjudication. Based on this representation and our review, we conclude the department may withhold the submitted information under section 552.108(a)(2) of the Government Code.

We note that the requestor identifies herself as an employee of the Mental Health Mental Retardation Authority of Brazos Valley. We understand that the requestor seeks the submitted information pursuant to subchapter K of chapter 405 of the Texas Administrative Code, which relates to the death of persons served by Texas Mental Health and Mental Retardation facilities or community mental health and mental retardation centers. See 25 T.A.C §§ 405.261-.269. However, the requestor has not cited to any specific provision, nor are we aware of any such law, that provides her with a right of access to the submitted information. Therefore, we find the requestor has failed to demonstrate any such release provisions are applicable in this instance. Accordingly, the department may withhold the submitted information under section 552.108(a)(2) 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,

Sean Nottingham

Assistant Attorney General

Open Records Division

SN/vb

Ref: ID# 405878

Enc. Submitted documents

c: Requestor]

(w/o enclosures)

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