![]() ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
July 21, 2011 Ms. Judith N. Benton Assistant City Attorney City of Waco P.O. Box 2570 Waco, Texas 76702-2570 OR2011-10475 Dear Ms. Benton: 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# 424556 (Waco Ref. No. LGL-11-642). The City of Waco (the "city") received a request for written policies or protocol of the city's police department (the "department") regarding pursuits, dispatch tapes from a specified time period in reference to a specified pursuit and accident, and dash cam footage of department vehicles responding to the pursuit. You indicate you have released some of the requested information. 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. You claim some of the submitted information is excepted from disclosure under section 552.108(a) of the Government Code. 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 must reasonably explain how and why section 552.108 is applicable to the information at issue. See id. § 552.301(e)(1)(A); Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state the submitted information related to the requested pursuit relates to a pending criminal case of the department. Based on this representation and our review, we conclude section 552.108(a)(1) is applicable to the submitted audio recordings and the submitted dash cam videos. Accordingly, the city may withhold the submitted audio recordings and dash cam videos under section 552.108(a)(1) of the Government Code. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases). You raise section 552.108(b) for portions of the remaining information. Section 552.108(b)(1) of the Government Code excepts from disclosure the internal records and notations of law enforcement agencies and prosecutors when their release would interfere with law enforcement and crime prevention. Gov't Code § 552.108(b)(1); see also Open Records Decision No. 531 at 2 (1989) (quoting Ex parte Pruitt, 551 S.W.2d 706, 710 (Tex. 1977)). Section 552.108(b)(1) is intended to protect "information which, if released, would permit private citizens to anticipate weaknesses in a police department, avoid detection, jeopardize officer safety, and generally undermine police efforts to effectuate the laws of this State." See City of Ft. Worth v. Cornyn, 86 S.W.3d 320 (Tex. App.--Austin 2002, no writ). To demonstrate the applicability of this exception, a governmental body must meet its burden of explaining how and why release of the requested information would interfere with law enforcement and crime prevention. Open Records Decision No. 562 at 10 (1990). This office has concluded that section 552.108(b)(1) excepts from public disclosure information relating to the security or operation of a law enforcement agency. See, e.g., Open Records Decision Nos. 531 (release of detailed use of force guidelines would unduly interfere with law enforcement), 252 (1980) (section 552.108 is designed to protect investigative techniques and procedures used in law enforcement), 143 (1976) (disclosure of specific operations or specialized equipment directly related to investigation or detection of crime may be excepted). Section 552.108(b)(1) is not applicable, however, to generally known policies and procedures. See, e.g., ORD 531 at 2-3 (Penal Code provisions, common-law rules, and constitutional limitations on use of force not protected), 252 at 3 (governmental body failed to indicate why investigative procedures and techniques requested were any different from those commonly known). You state release of the portions of the submitted vehicular pursuit policy you have marked would interfere with law enforcement duties and endanger police officers. Based on your representations and our review, we find you have demonstrated the release of portions of the vehicular pursuit policy would interfere with law enforcement. Thus, the information we marked may be withheld under section 552.108(b)(1) of the Government Code. However, the remaining information at issue pertains to administrative requirements and procedures of the department. Thus, we find you have failed to establish how release of the remaining information at issue would interfere with law enforcement. Accordingly, the city may not withhold the remaining information under section 552.108(b)(1). In summary, the city may withhold the submitted audio recordings and dash cam videos under section 552.108(a)(1) of the Government Code. The city may withhold the portions of the vehicular pursuit policy we have marked under section 552.108(b)(1) of the Government Code. The remaining information must be released. 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# 424556 Enc. Submitted documents c: Requestor (w/o enclosures)
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |