January 17, 2012

Mr. Ronald J. Bounds

Assistant City Attorney

City of Corpus Christi

P.O. Box 9277

Corpus Christi, Texas 78469-9277

OR2012-00797

Dear Mr. Bounds:

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# 442449.

The Corpus Christi Police Department (the "department") received a request for information related to a specified incident and reports for six specified case numbers. You claim some of the requested information is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and reviewed the information you submitted.

Initially, we note you have not submitted for our review any information responsive to the request for the reports for six specified case numbers. To the extent information responsive to this portion of the request existed when the request was received, we assume you have released it. If you have not released any such information, you must do so at this time. See Gov't Code §§ 552.301, .302; see also Open Records Decision No. 664 (2000) (if governmental body concludes that no exceptions apply to requested information, it must release information as soon as possible).

You inform us the submitted information was the subject of a previous request for a ruling for information, as a result of which this office issued Open Records Letter No. 2012-00452 (2012). In that decision, we determined the department must withhold the information it marked, as well as the additional information we marked, under section 552.101 of the Government Code in conjunction with common-law privacy and release the remaining information. There is no indication the law, facts, or circumstances on which the prior ruling was based has changed. Thus, we conclude the department must continue to rely on Open Records Letter No. 2012-00452 as a previous determination and withhold or release the previously ruled upon information in accordance with that prior ruling. See Open Records Decision No. 673 (2001) (so long as law, facts, and circumstances on which prior ruling was based have not changed, first type of previous determination exists where requested information is precisely same information as was addressed in a prior attorney general ruling, ruling is addressed to same governmental body, and ruling concludes that information is or is not excepted from disclosure).

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,

Sean Nottingham

Assistant Attorney General

Open Records Division

SN/agn

Ref: ID# 442449

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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