December 14, 2012

Ms. Heather Silver

Assistant City Attorney

City of Dallas

1500 Marilla Street, Room 7DN

Dallas, Texas 75201

OR2012-20172

Dear Ms. Silver:

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# 475267.

The City of Dallas (the "city") received a request for (1) a named individual's schedule for a specified time period, (2) a listing of sponsors of "national night out 2012," (3) a listing of sponsors and the costs associated with the reception held for the "Annual Achievement in the Arts" award (4) the sponsorship checks that were made payable to the city for events hosted by the named individual during a specified time period, (5) the cost of a van used to transport students to "national night out 2012," and (6) the zip codes of the students transported in the van. You state the city will release information responsive to items one through five to the requestor. You claim some of the submitted information is excepted from disclosure under section 552.148 of the Government Code. We have considered the exception you claim and reviewed the submitted representative sample of information. ⁽¹⁾

Initially, we note some of the submitted information is not responsive to item six of the request because it does not consist of the zip codes of the students at issue. The city need not release non-responsive information in response to this request, and this ruling will not address that information.

Section 552.148 of the Government Code provides the following:

(a) In this section, "minor" means a person younger than 18 years of age.

(b) The following information maintained by a municipality for purposes related to the participation by a minor in a recreational program or activity is excepted from the requirements of Section 552.021:

(1) the name, age, home address, home telephone number, or social security number of the minor;

(2) a photograph of the minor; and

(3) the name of the minor's parent or legal guardian.

Gov't Code § 552.148. You state the responsive information relates to the participation by minors in a city recreational program or activity. Accordingly, the city must withhold the responsive information pursuant to section 552.148 of the Government Code.

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/bhf

Ref: ID# 475267

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. We assume the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent those records contain substantially different types of information than that submitted to this office.

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