 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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March 9, 2012 Mr. Martin Placke County Attorney Lee County 200 South Main, Room 305 Giddings, Texas 78942 OR2012-03620 Dear Mr. Placke: 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# 447580. The Lee County Sheriff's Office (the "sheriff") received a request for all investigative and incident reports that relate to a specified incident involving a named individual and all records concerning medical treatment that individual received while incarcerated during December 2011. You state the sheriff will release the submitted custodial death report and attached summary pursuant to article 49.18(b) of the Code of Criminal Procedure. (1) You claim that the submitted information is excepted from disclosure under sections 552.101, 552.103, and 552.108 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information. Initially, we note some of the submitted information is subject to section 552.022 of the Government Code, which provides in pertinent part: (a) Without limiting the amount or kind of information that is public information under this chapter, the following categories of information are public information and not excepted from required disclosure under this chapter unless made confidential under this chapter or other law: (17) information that is also contained in a public court record[.] Gov't Code § 552.022(a)(17). The submitted information includes court documents subject to section 552.022(a)(17). Although you seek to withhold these records under sections 552.103 and 552.108 of the Government Code, these sections are discretionary exceptions that protect a governmental body's interest and do not make information confidential under the Act. See Dallas Area Rapid Transit v. Dallas Morning News, 4 S.W.3d 469, 475-76 (Tex. App.--Dallas 1999, no pet.) (governmental body may waive section 552.103); Open Records Decision Nos. 665 at 2 n.5 (2000) (discretionary exceptions generally), 177 at 3 (1977) (statutory predecessor to section 552.108 subject to waiver). Therefore, the sheriff may not withhold the court documents, which we have marked, under section 552.103 or section 552.108 of the Government Code. As you raise no further exceptions to the disclosure of these records, they must be released pursuant to section 552.022(a)(17). However, we will consider your arguments under sections 552.103 and 552.108 for the information not subject to section 552.022(a)(17). Section 552.108(a)(1) 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: (1) release of the information would interfere with the detection, investigation, or prosecution of crime[.]" Gov't Code § 552.108(a)(1). Generally, a governmental body claiming section 552.108 must reasonably explain how and why the release of the requested information would interfere with law enforcement. See id. §§ 552.108(a)(1), .301(e)(1)(A); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). We note section 552.108 may be invoked by the proper custodian of information relating to a pending investigation or prosecution of criminal conduct. See Open Records Decision No. 474 at 4-5 (1987). You state, and provide documentation showing, the sheriff and the Texas Department of Public Safety (Texas Rangers) object to the release of the remaining information under section 552.108(a)(1) because the information relates to an ongoing investigation, and its release would interfere with the pending investigation. Accordingly, we conclude the release of the remaining information would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975) (court delineates law enforcement interests that are present in active cases), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). We note, however, section 552.108 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, and includes a detailed description of the offense. See 531 S.W.2d at 186-88; 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 remaining information under section 552.108(a)(1) of the Government Code. (2) 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 Opperman Assistant Attorney General Open Records Division SO/dls Ref: ID# 447580 Enc. Submitted documents c: Requestor (w/o enclosures) Footnotes1. Article 49.18(b) of the Code of Criminal Procedure provides that the attorney general shall make the custodial death report available to any interested person, with the exception of any portion of the report that the attorney general determines is privileged. See Code Crim. Proc. art. 49.18(b). 2. As our ruling is dispositive, we need not address your remaining arguments against disclosure.
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