April 15, 2011

Ms. Maria E. Miller

Dallas County Community College District

1601 South Lamar, Suite 208

Dallas, Texas 75215-1816

OR2011-05268

Dear Ms. Miller:

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# 414637.

The Dallas County Community College District (the "district") received a request for all campus police arrest reports during a specified time period from seven specified locations. You state the district will release some of the requested information. You claim portions of the submitted information are 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.

Initially, we note you have redacted an Arizona driver's license number from the submitted documents. Pursuant to section 552.301 of the Government Code, a governmental body that seeks to withhold requested information must submit to this office a copy of the information, labeled to indicate which exceptions apply to which parts of the copy, unless the governmental body has received a previous determination for the information at issue. Gov't Code §§ 552.301(a), (e)(1)(D). Redaction of a Texas driver's license number without requesting an attorney general's ruling is now permitted pursuant to the previous determination issued to all governmental bodies in Open Records Decision No. 684. See Open Records No. 684 at 7 (2009); see also Gov't Code § 552.130(a)(1), (2). We note section 552.130 does not apply to out-of-state motor vehicle record information. You do not assert, nor does our review of our records indicate, the district has been authorized to withhold the redacted driver's license without seeking a ruling from this office. See Gov't Code § 552.301(a). In this instance, we can discern the nature of the redacted information; thus, being deprived of that information does not inhibit our ability to make a ruling. However, in the future, the district must not redact out-of-state motor vehicle record information from the information it submits to this office in seeking an open records ruling, unless the information is the subject of a previous determination under section 552.301 of the Government Code. See id. §§ 552.301(e)(1)(D), .302. Failure to comply with section 552.301 may result in the information being presumed public under section 552.302 of the Government Code. See id. § 552.302.

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Id. § 552.101. This section encompasses information protected by other statutes. Juvenile law enforcement records relating to conduct that occurred on or after September 1, 1997 are confidential under section 58.007(c) of the Family Code, which reads as follows:

(c) Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be:

(1) if maintained on paper or microfilm, kept separate from adult files and records;

(2) if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and

(3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapters B, D, and E.

Fam. Code § 58.007(c). For purposes of section 58.007(c), "child" means a person who is ten years of age or older and under seventeen years of age. See id. § 51.02(2). You argue incident report numbers 2010001146, 201001366, and 2010001341 are subject to section 58.007(c) of the Family Code. Upon review, we find incident report number 2010001146 involves juvenile delinquent conduct that occurred after September 1, 1997. See id § 51.03 (defining "delinquent conduct" for purposes of Fam. Code § 58.007). It does not appear any of the exceptions in section 58.007 apply. Therefore, incident report number 2010001146 is confidential and the district must withhold it under section 552.101 of the Government Code in conjunction with section 58.007(c) of the Family Code. Upon review, we find you have not demonstrated how incident report number 2010001366, which involves seventeen-year-old suspects, involves juvenile delinquent conduct for purposes of section 58.007 of the Family Code. Accordingly, incident report number 2010001366 may not be withheld under section 552.101 of the Government Code on that basis. We note incident report number 2010001341 contains conflicting information pertaining to the age of one of the listed suspects. Thus, we are unable to determine whether incident report number 2010001341 involves juvenile delinquent conduct for purposes of section 58.007 of the Family Code, and we must rule conditionally. To the extent incident report number 2010001341 involves juvenile delinquent conduct that occurred after September 1, 1997, the district must withhold it under section 552.101 of the Government Code in conjunction with section 58.007(c) of the Family Code. Conversely, to the extent incident report number 2010001341 does not involve juvenile delinquent conduct, it is not subject to section 58.007(c) of the Family Code and may not be withheld under section 552.101 on that basis.

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(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). You state incident report numbers 2010001655, 2010001255, and 2010000906 pertain to active criminal investigations. Based on your representation, we conclude the release of the information you have highlighted 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). Thus, section 552.108(a)(1) is applicable to the information you have highlighted.

However, 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 531 S.W.2d at 186-88; Open Records Decision No. 127 (1976) (summarizing types of information considered to be basic information). We note the basic information includes a detailed description of the offense and the arrestee's social security number. We note you have marked the entire narrative portions of the reports at issue. The remaining information does not contain information sufficient to satisfy the requirement that a "detailed description of the offense" be released as basic information. See id. Accordingly, we determine the district must release sufficient portions of the narratives to encompass detailed descriptions of the offenses. With the exception of the basic information, the district may withhold the information you have highlighted within incident report numbers 2010001655, 2010001255, and 2010000906 under section 552.108(a)(1) of the Government Code.

A portion of the remaining information may be subject to section 552.1175 of the Government Code. ⁽¹⁾ Section 552.1175 provides in part:

(a) This section applies only to:

(1) peace officers as defined by Article 2.12, Code of Criminal Procedure[.]

(b) Information that relates to the home address, home telephone number, or social security number of an individual to whom this section applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates:

(1) chooses to restrict public access to the information; and

(2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status.

Gov't Code § 552.1175(a)(1), (b). We note section 552.1175 is also applicable to personal cellular telephone numbers, provided the cellular telephone service is not paid for by a governmental body. See Open Records Decision No. 506 at 5-6 (1988). A portion of the remaining information relates to an officer of the district's police department and the information is not held by the district in an employment capacity. Thus, to the extent the information at issue, which we have marked, relates to a peace officer who elects to restrict access to the information in accordance with section 552.1175(b), it must be withheld from disclosure under section 552.1175 of the Government Code; however, the marked cellular telephone number may be withheld only to the extent a governmental body does not pay for the cellular telephone service. Conversely, if the peace officer at issue does not elect to restrict access to the information in accordance with section 552.1175(b) or a governmental body pays for the cellular telephone service, the marked information may not be withheld under section 552.1175.

Section 552.130 of the Government Code provides information relating to a motor vehicle operator's license, driver's license, motor vehicle title, or registration issued by a Texas agency is excepted from public release. Gov't Code § 552.130(a)(1), (2). Upon review, we find portions of the remaining information consist of Texas motor vehicle record information. Accordingly, the district must withhold the Texas motor vehicle record information we have marked under section 552.130 of the Government Code. As previously noted, section 552.130 does not apply to an out-of-state driver's license number. Accordingly, the district may not withhold the submitted Arizona driver's license number under section 552.130 of the Government Code.

We note the remaining information contains e-mail addresses that are subject to section 552.137 of the Government Code. Section 552.137 excepts from disclosure "an e-mail address of a member of the public that is provided for the purpose of communicating electronically with a governmental body" unless the member of the public consents to its release or the e-mail address is of a type specifically excluded by subsection (c). See id. § 552.137(a)-(c). The e-mail addresses at issue are not excluded by subsection (c). Therefore, the district must withhold the personal e-mail addresses we have marked under section 552.137 of the Government Code, unless the owners have affirmatively consented to their public disclosure.

In summary, the district must withhold incident report number 2010001146 under section 552.101 of the Government Code in conjunction with section 58.007(c) of the Family Code. To the extent incident report number 2010001341 involves juvenile delinquent conduct that occurred after September 1, 1997, the district must withhold it under section 552.101 of the Government Code in conjunction with section 58.007(c) of the Family Code. With the exception of the basic information, the district may withhold the information you have highlighted within incident report numbers 2010001655, 2010001255, and 2010000906 under section 552.108(a)(1) of the Government Code. To the extent the information we have marked relates to a peace officer who elects to restrict access to the information in accordance with section 552.1175(b), it must be withheld from disclosure under section 552.1175 of the Government Code; however, the marked cellular telephone number may be withheld only if a governmental body does not pay for the cellular telephone service. The district must withhold the Texas motor vehicle record information we have marked under section 552.130 of the Government Code. The district must withhold the personal e-mail addresses we have marked under section 552.137 of the Government Code, unless the owners have affirmatively consented to their public disclosure. ⁽²⁾ The remaining information must be released. ⁽³⁾

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,

Claire V. Morris Sloan

Assistant Attorney General

Open Records Division

CVMS/tf

Ref: ID# 414637

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. The Office of the Attorney General will raise mandatory exceptions on behalf of a governmental body, but ordinarily will not raise other exceptions. See Open Records Decision Nos. 481 (1987), 480 (1987), 470 (1987).

2. We note Open Records Decision No. 684 (2009) is a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including a Texas driver's license number and a copy of a Texas driver's license under section 552.130 of the Government Code and an e-mail address of a member of the public under section 552.137 of the Government Code, without the necessity of requesting an attorney general decision.

3. We note the information being released contains social security numbers. Section 552.147(b) of the Government Code authorizes a governmental body to redact a living person's social security number from public release without the necessity of requesting a decision from this office under the Act. Gov't Code § 552.147.

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