March 17, 2011

Ms. Twanda Somerville

Records Management Coordinator

City of Harker Heights

305 Miller's Crossing

Harker Heights, Texas 76548

OR2011-03723

Dear Ms. Somerville:

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# 412085.

The City of Harker Heights (the "city") received a request for the following information: (1) the Harker Heights Police Department Policy and Procedures Manual; (2) the manual and training materials used in three specified courses; (3) communication and dispatch records related to a specified incident on January 30, 2010; and (4) the complete investigative report related to a specified incident on June 21, 2006. You state that basic information concerning one of the specified incidents has been provided to the requestor. 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.

Initially, we note you have submitted only an incident report regarding the January 30, 2010 incident for our review. This information is not responsive to the present request for information. This ruling does not address the public availability of any information that is not responsive to the request, and the city need not release such information. Accordingly, we need not address your arguments against disclosure under section 552.108 for this information.

We also note that you have not submitted any information responsive to the request. You provide no indication that information responsive to the request exists or that the city seeks to withhold responsive information. To the extent information responsive to the request exists, we presume the city has released it. If not, the city must do so at this time. See Gov't Code §§ 552.301, .302; see also Open Records Decision No. 664 (2000) (if governmental body concludes that no exceptions apply to the requested information, it must release the information as soon as possible).

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,

Neal Falgoust

Assistant Attorney General

Open Records Division

NF/dls

Ref: ID# 412085

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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