November 16, 2011

Ms. Linda Pemberton

Paralegal

City of Killeen

P.O. Box 1329

Killeen, Texas 76540-1329

OR2011-16848

Re: Request for the accident report, all photos, all video; any site drawings or surveys of the accident scene; toxicology of the decedent, any documents that reflect decedent's status as a trespasser on the accident site, all pertaining to the fatal ATV accident involving the death of named individual; (11-012940); City ID #W006674

Dear Ms. Pemberton:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 442514.

After reviewing your arguments and the submitted information, we have determined your request does not present a novel or complex issue. Thus, we are addressing your claims in a memorandum opinion. You claim the submitted information may be withheld from the requestor pursuant to section 552.108(a)(1) of the Government Code. We have considered your arguments and the submitted information and have determined that in accordance with section 552.108(a)(1) you may withhold the submitted information. However, you must release the basic information pursuant to section 552.108(c) of the Government Code.

For more information on the cited exception, as well as information on the rights and obligations of governmental bodies and requestors, please refer to open government information contained on the Office of the Attorney General website at www.oag.state.tx.us. You may also contact our Open Government Hotline at 1-877-OPENTEX.

Enc: Submitted documents

c: Requestor

(w/o enclosures)

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