December 11, 2012

Ms. LeAnn M. Quinn

City Secretary

City of Cedar Park

450 Cypress Creek Road

Cedar Park, Texas 78613

OR2012-19918

Dear Ms. Quinn:

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# 473442 (Cedar Park Ref. No. 12-853).

The City of Cedar Park (the "city") received a request for three specified police reports. You state you will make some of the requested information available to the requestor. You state the city will redact social security numbers under section 552.147(b) of the Government Code. ⁽¹⁾ You claim the submitted information is excepted from disclosure under sections 552.101, 552.108, and 552.130 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. This exception encompasses information made confidential by other statutes, such as section 261.201 of the Family Code. Section 261.201 provides, in relevant part:

(a) [T]he following information is confidential, is not subject to public release under Chapter 552, Government Code, and may be disclosed only for purposes consistent with this code and applicable federal or state law or under rules adopted by an investigating agency:

(1) a report of alleged or suspected abuse or neglect made under this chapter and the identity of the person making the report; and

(2) except as otherwise provided in this section, the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation under this chapter or in providing services as a result of an investigation.

Fam. Code § 261.201(a). Upon review, we find that Exhibit C, Exhibit E, and the information we have marked in Exhibit B were used or developed in investigations under chapter 261. See id. §§ 261.001(1) (defining "abuse" for purposes of chapter 261 of the Family Code), 101.003(a) (defining "child" for purposes of section 261.201 as person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes). Therefore, Exhibit C, Exhibit E, and the marked information in Exhibit B are within the scope of section 261.201(a). You state the city has not adopted a rule governing the release of this type of information. Based on your representation and our review, we conclude Exhibit C, Exhibit E, and the information we have marked in Exhibit B are confidential pursuant to section 261.201 of the Family Code and must be withheld in their entirety under section 552.101 of the Government Code. ⁽²⁾

Section 552.108 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 . . . release of the information would interfere with the detection, investigation, or prosecution of crime[.]" Gov't Code § 552.108(a)(1). A governmental body must reasonably explain how and why section 552.108 is applicable to the information at issue. See id. § 552.301(e)(1)(A); Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You inform us, and provide a memorandum from the city's police department stating, that Exhibit D pertains to a pending criminal investigation. Based upon this representation and our review, we conclude release of the information in Exhibit D would interfere with the investigation of a 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). Therefore, the city may withhold Exhibit D under section 552.108(a)(1) of the Government Code. ⁽³⁾

You state the city will withhold the driver's license information you have marked in Exhibit B under section 552.130(a)(1) pursuant to section 552.130(c) of the Government Code and the Texas license plate information you have marked in Exhibit B pursuant to Open Records Decision No. 684 (2009). Section 552.130(c) authorizes a governmental body to redact, without the necessity of requesting a decision from this office, the motor vehicle record information described in subsections 552.130(a)(1) and (a)(3). See Gov't Code § 552.130(c); see also id. § 552.130(d)-(e) (requestor may appeal governmental body's decision to withhold information under section 552.130(c) to attorney general, and governmental body withholding information pursuant to section 552.130(c) must provide certain notice to requestor). Open Records Decision No. 684 permits a governmental body to redact Texas license plate numbers, which are made confidential by section 552.130(a)(2), without requesting an attorney general decision. ORD 684. However, we note the vehicle identification number ("VIN") and license plate year you have marked are not subject to section 552.130(c) or Open Records Decision No. 684 and, therefore, may not be withheld without requesting a decision from this office. Section 552.130 provides information relating to a motor vehicle operator's or driver's license or permit, a motor vehicle title or registration, or a personal identification document issued by an agency of Texas or another state or country is excepted from public release. Gov't Code § 552.130(a). Upon review, we conclude, in addition to the driver's license numbers and the Texas license plate number you have marked, the city must withhold the VIN and license plate year you have marked in Exhibit B under section 552.130.

In summary, the city must withhold Exhibit C, Exhibit E, and the information we have marked in Exhibit B in their entirety under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. The city may withhold Exhibit D under section 552.108 of the Government Code. The city must withhold the information you have marked in Exhibit B under section 552.130 of the Government Code. 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,

Jasmine D. Wightman

Assistant Attorney General

Open Records Division

JDW/akg

Ref: ID# 473442

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. Section 552.147(b) of the Government Code authorizes a governmental body to redact a living person's social security number from public release without the necessity of requesting a decision from this office. See Gov't Code § 552.147(b).

2. As our ruling is dispositive, we need not address your remaining argument against disclosure of this information.

3. As our ruling is dispositive, we need not address your remaining argument against disclosure of this information.

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