September 22, 2011

Ms. Darlene Rakhar

Open Records

Williamson County Sheriff's Office

508 South Rock Street

Georgetown, Texas 78626

OR2011-13707

Dear Ms. Rakhar:

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# 430718.

The Williamson County Sheriff's Office (the "sheriff") received a request for information pertaining to all "stalker complaints" related to the requestor. You claim the submitted incident reports are excepted from disclosure under sections 552.108 and 552.151 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.108(a)(2) 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 . . . it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication[.]" Gov't Code § 552.108(a)(2). Section 552.108(a)(2) is applicable only if the information at issue relates to a concluded criminal case that did not result in a conviction or deferred adjudication. A governmental body that claims an exception to disclosure under section 552.108 must reasonably explain how and why this exception is applicable to the information the governmental body seeks to withhold. See id. § 552.301(e)(1)(A). You state the submitted incident report numbers C06-08-2992, C06-08-3039, C02-10-0466, C01-10-0372, C00-01-4346, and C99-12-1314 pertain to concluded criminal investigations that did not result in convictions or deferred adjudication. Based on your representations and our review, we agree section 552.108(a)(2) is applicable to the submitted information.

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 Publishing 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), and includes the names of the investigating officers. See Open Records Decision No. 127 (1976) (summarizing types of information considered to be basic information). Thus, with the exception of basic information, the sheriff may withhold the submitted incident reports under section 552.108(a)(2) of the Government Code. You contend, however, some of the basic information in incident report number C02-10-0466 is excepted under section 552.151 of the Government Code.

Section 552.151 of the Government Code provides:

Information in the custody of a governmental body that relates to an employee or officer of the governmental body is excepted from the requirements of Section 552.021 if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm.

Gov't Code § 552.151. You seek to withhold the name and identification number of an undercover officer you have marked in report number C02-10-0466. You state the release of this information would cause the officer to face a substantial threat of physical harm. Therefore, we find the sheriff has demonstrated release of the marked undercover officer's identifying information would subject the officer to a substantial threat of physical harm. Accordingly, we conclude the sheriff must withhold the information you have marked in report number C02-10-0466 from the basic information under section 552.151 of the Government Code. The sheriff must release the remaining basic information for report number C02-10-0466.

In summary, with the exception of basic information, the sheriff may withhold the submitted incident reports under section 552.108(a)(2) of the Government Code. In releasing the basic information from report number C02-10-0466, however, the sheriff must withhold the information you have marked under section 552.151 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,

Leah B. Wingerson

Assistant Attorney General

Open Records Division

LBW/dls

Ref: ID# 430718

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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