January 10, 2012

Ms. Susan Fillion

Assistant County Attorney

County of Harris

1019 Congress, 15th Floor

Houston, Texas 77002-1700

OR2012-00455

Dear Ms. Fillion:

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# 441864 (CA File No. 11PIA0445).

The Harris County Constable, Precinct 8, (the "constable") received a request for the personnel and disciplinary records of a named Harris County Constable, Precinct 8, deputy. You claim that 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)(1) 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: (1) release of the information would interfere with the detection, investigation, or prosecution of crime[.]" Gov't Code § 552.108(a)(1). A governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. § 552.301(e)(1)(A). In this instance, you submit an affidavit from an assistant district attorney who informs us that the district attorney is "presently representing the State of Texas" in a pending criminal case against the requestor's client. The assistant district attorney further states that the release of the submitted information would interfere with the pending criminal prosecution. Based upon these representations and our review, we conclude release of the submitted information would interfere with the pending criminal prosecution, and agree that section 552.108(a)(1) is applicable. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975) (court delineates law enforcement interests that are present in active cases), writ ref'd n.r.e., 536 S.W.2d 559 (Tex. 1976). Accordingly, the constable may withhold the submitted information in its entirety 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,

Jonathan Miles

Assistant Attorney General

Open Records Division

JM/em

Ref: ID# 441864

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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