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February 22, 1999

Mr. Saul Pedregon
Assistant City Attorney
City of Dallas
Office of the City Attorney
Criminal Law and Police Division
2014 Main Street, Room 206
Dallas, Texas 75201

OR99-0037

Dear Mr. Pedregon:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 120895.

The Dallas Police Department (the "department") received an request for a report related to an incident involving Phillip E. Marr. You have supplied the responsive information, contending that it is excepted from public disclosure by section 552.108 of the Government Code. We have considered the exception you claim and have reviewed the documents at issue.

Section 552.108 of the Government Code, reads in pertinent part:

(a) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of Section 552.021 if:

(1) release of the information would interfere with the detection, investigation, or prosecution of crime;

(2) it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication;

. . .

(c) This section does not except from the requirements of Section 552.021 information that is basic information about an arrested person, an arrest, or a crime.

You state that the requested report relates to an ongoing prosecution. Based upon this representation, we conclude that the release of the report 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), writ ref'd n.r.e. per curiam, 536 S.W. 2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases). The department may therefore withhold this information.

We note, however, that information normally found on the front page of an offense report is generally considered public. See generally Gov't Code 552.108(c); Houston Chronicle, 531 S.W.2d 177; Open Records Decision No. 127 (1976). Thus, you must release the type of information that is considered to be front page offense report information, including a detailed description of the offense and arrest, even if this information is not actually located on the front page of the offense report. See Open Records Decision No. 127 (1976), (Houston Chronicle "front page" offense report information summarized).

Although section 552.108(a)(1) authorizes you to withhold the remaining information from disclosure, you may choose to release all or part of the information at issue that is not otherwise confidential by law. See Gov't Code 552.007.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Yours very truly,

Michael J. Burns
Assistant Attorney General
Open Records Division

MJB/ch

Ref: ID# 120895

Enclosures: Submitted documents

cc: Ms. Angela Ernest
1401 Elm Street, # 4585
Dallas, Texas 75201
(w/o enclosures)


 

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