December 20, 2012

Ms. Rachel L. Lindsay

Brown & Hofmeister, L.L.P.

740 East Campbell Road, Suite 800

Richardson, Texas 75081

OR2012-20606

Dear Ms. Lindsay:

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# 474308 (McKinney ORR# 10-6181).

The City of McKinney (the "city"), which you represent, received a request for the dates from incident reports pertaining to a specified address from a specified period of time. You claim that the submitted information is excepted from disclosure under sections 552.101 and 552.108 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Initially, we note the requestor seeks only incident dates. Thus, the portion of the submitted information that does not consist of the date of the incident at issue is not responsive to the present request. This ruling does not address the public availability of any information that is not responsive to the request, and the city is not required to release non-responsive information in response to this request.

Section 552.108(a)(2) of the Government Code excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. Gov't Code § 552.108(a)(2). A governmental body claiming section 552.108(a)(2) must demonstrate that the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. Id. § 552.301(e)(1)(A). You state the responsive information pertains to a closed case in which no charges were filed and that ended in a result other than conviction or deferred adjudication. Therefore, we agree the responsive information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. Accordingly, the city may withhold the responsive information under section 552.108(a)(2) of the Government Code. As our ruling is dispositive, we need not address your remaining arguments against disclosure.

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,

Sarah Casterline

Assistant Attorney General

Open Records Division

SEC/tch

Ref: ID# 474308

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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