August 23, 2012

Mr. James A. McKechnie

Assistant City Attorney

City of Wichita Falls

P.O. Box 1431

Wichita Falls, Texas 76307

OR2012-13332

Re: Request for all records relating to Case #11-110860; City ID #390

Dear Mr. McKechnie:

The Office of the Attorney General has received your request for a ruling and assigned your request ID# 468633.

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. You explain although the grand jury returned a no true bill of indictment, you still consider the case to be pending because the statute of limitations has not run and if new information becomes available, you may present the case to the grand jury again. 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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