February 21, 2012

Ms. Lena Engel

Ogden, Gibson, Broocks, Longoria & Hall, L.L.P.

1900 Pennzoil South Tower

711 Louisiana

Houston, Texas 77002

OR2012-02677

Dear Ms. Engel:

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# 445984.

The North Forest Independent School District (the "district"), which you represent, received a request for six categories of information pertaining to the district's police department, including four specified memoranda, the firearm qualification of a named officer, and specified dispatch transmissions. You state the district has no information responsive to a portion of the request. ⁽¹⁾ 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.

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 (Tex. 1977)). A governmental body claiming section 552.108(b)(1) must reasonably explain how and why the release of the requested information would interfere with law enforcement. See Gov't Code §§ 552.108(b)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706. 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 Fort Worth v. Cornyn, 86 S.W.3d 320 at 327 (Tex. App.--Austin 2002, no writ). This office has concluded section 552.108(b) 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 of the Government Code 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., ORDs 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 Exhibits III and IV consist of internal memoranda relating to patrol vehicle assignments; Exhibit V consists of radio dispatch transmissions among dispatchers, supervisors, and officers; and Exhibits VI and VII consist of internal memoranda relating to procedures, training, and assignments of the district's police department (the "department"). You explain release of Exhibits III and IV would provide valuable insight into the department's operations, practices, and resources. You state such information "would assist potential wrongdoers in planning criminal activities to avoid police officers, evade arrest, interfere with police operations, or confront and/or injure police officers or other individuals." You further argue release of Exhibit V would assist potential wrongdoers in understanding police communications and determining officer assignments and locations. Thus, you argue release of this information would jeopardize the safety of department employees, members of the district community, and district facilities. You assert release of Exhibits VI and VII would inform potential wrongdoers as to the training and abilities of district police officers, and would expose weaknesses in the department's preparedness and capacity to encounter various law enforcement-related situations, impair an officer's ability to confront wrongdoers, and increase the risk of injury to an officer. Based on your representations and our review, we find the information we have marked consists of internal records of a law enforcement agency that, if released, would interfere with law enforcement and crime prevention. Accordingly, the district may withhold the information we have marked under section 552.108(b)(1) of the Government Code. However, you have failed to demonstrate how any portion of the remaining submitted information would interfere with law enforcement and crime prevention. Thus, the district may not withhold any of the remaining information under section 552.108(b)(1). As you raise no further exceptions to disclosure, 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,

Claire V. Morris Sloan

Assistant Attorney General

Open Records Division

CVMS/agn

Ref: ID# 445984

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. The Act does not require a governmental body that receives a request for information to create information that did not exist when the request was received. 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), 563 at 8 (1990), 555 at 1-2 (1990), 452 at 3 (1986), 362 at 2 (1983).

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