 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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January 11, 2011 Mr. Darrell G-M Noga For City of Coppell OR2011-00557 Dear Mr. Noga: 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# 405962 (City of Coppell Request No. 10262). The City of Coppell (the "city"), which you represent, received a request for information pertaining to a named police officer. You state you are releasing some of the requested information. You claim the submitted information is excepted from disclosure under sections 552.101 and 552.108 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information. (1) Initially, we note a portion of the submitted information was created after the date the request was received. Thus, this information, which we have marked, is not responsive to the request. This decision does not address the public availability of the non-responsive information, and that information need not be released. 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 . . . 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. §§ 552.108(a)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). Section 552.108 is generally not applicable to the records of an internal affairs investigation that is purely administrative in nature and that does not involve the investigation or prosecution of crime. See City of Fort Worth v. Cornyn, 86 S.W.3d 320 (Tex. App.--Austin 2002, no pet.), Morales v. Ellen, 840 S.W.2d 519, 525-26 (Tex. Civ. App.--El Paso 1992, writ denied) (statutory predecessor to section 552.108 not applicable to internal investigation that did not result in criminal investigation or prosecution); see also Open Records Decision No. 350 at 3-4 (1982). In this instance, the information at issue consists of internal affairs records made by the city's police department. However, you state the submitted information pertains to an ongoing criminal investigation. Based on your representations and our review, we determine release of the responsive 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) (court delineates law enforcement interests that are present in active cases), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). Section 552.108, however, 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, and includes the identity of the complainant and a detailed description of the offense, but does not include the identification and description of witnesses. See Open Records Decision No. 127 (1976) (summarizing types of information considered to be basic information). You assert that, in this instance, because "no arrest or charges have yet been advanced," there is no basic information currently available. We note, however, that section 552.108 applies to, among other things, information pertaining to the detection, investigation, and prosecution of alleged crimes, and does not require an arrest or a definitive determination that a crime occurred. See Gov't Code § 552.108. Therefore, as we have previously found, based on your representations and our review, that section 552.108(a)(1) applies to the submitted information, we also find section 552.108(c) necessarily applies. Accordingly, with the exception of basic information, the city may withhold the responsive information under section 552.108(a)(1) of the Government Code. (2) 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, Paige Lay Assistant Attorney General Open Records Division PL/vb Ref: ID# 405962 Enc. Submitted documents c: Requestor (w/o enclosures) Footnotes1. We assume the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and, therefore, does not authorize the withholding of, any other requested records to the extent those records contain substantially different types of information than that submitted to this office. 2. As our ruling is dispositive, we need not address your remaining argument against disclosure.
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |