September 26, 2011

Mr. Christopher Gregg

Gregg & Gregg, P.C.

16055 Space Center Boulevard Suite 150

Houston, Texas 77062

OR2011-13888

Dear Mr. Gregg:

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# 436284.

The Webster Police Department (the "department"), which you represent, received a request for information relating to a specified citation number. 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 information you submitted.

We note the requestor seeks access to (1) a probable cause report, (2) a named police officer's training records regarding field sobriety testing ("FST"), (3) audio or video related to the specified citation, and (4) mandatory training and certification requirements regarding FST. You state the department has no objection to the release of the responsive probable cause affidavit. We therefore assume the department has released the affidavit; if not, then it must do so immediately. See Gov't Code §§ 552.221, .301, .302; Open Records Decision No. 664 (2000). You inform us the department has no information responsive to parts two, three, and four of the instant request for information. We note the Act does not require a governmental body to release information that did not exist when it received a request or create responsive information. ⁽¹⁾ Thus, no other information is responsive to the instant request. Therefore, we do not address your arguments against disclosure of the submitted information, which the department need not release in response to the request.

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,

James W. Morris, III

Assistant Attorney General

Open Records Division

JWM/em

Ref: ID# 436284

Enc: Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. See Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266 (Tex. Civ. App.--San Antonio 1978, writ dism'd); Open Records Decision Nos. 605 at 2 (1992), 555 at 1 (1990), 452 at 3 (1986), 362 at 2 (1983).

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