Cornyn Open Records Letter uling <P>August 27, 1999
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John Cornyn
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August 27, 1999

Ms. Monica L. Strickland
Assistant City Attorney
City of Midland
P.O. Box 1152
Midland, Texas 79702-1152

OR 99-2423

Dear Ms. Strickland:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 128153.

The City of Midland received a request for release of incident report number 9907090068. You claim that certain information is excepted from public disclosure by the section 552.108 of the Government Code.(1) We have considered your position and reviewed the submitted documents.

You argue that the requested documents are excepted from public disclosure by section 552.108(a)(2). Section 552.108(a)(2) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if . . . 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." You explain that the criminal investigation to which the requested incident report relates concluded in a result other than conviction or deferred adjudication. Based upon this representation, we find that most of the requested information is excepted from disclosure pursuant to section 552.108(a)(2).

However, section 552.108 is inapplicable to basic information about an arrested person, an arrest, or a crime. Gov't Code 552.108(c). We believe such basic information refers to the information held to be public in Houston Chronicle Publishing 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). See Open Records Decision No. 127 (1976). Thus, with the exception of the basic front page offense information, you may withhold incident report number 9907090068 from disclosure based on section 552.108(a)(2). We note that you have the discretion to release all or part of the remaining information in incident report number 9907090068 that is not otherwise confidential by law. 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 on as a previous determination regarding any other records. If you have any questions regarding this ruling, please contact our office.

Sincerely,


E. Joanna Fitzgerald


Assistant Attorney General
Open Records Division

EJF/nc

Ref.: ID# 128153

Encl.: Submitted documents

cc: Ms. Julie Chau
1404 West Texas Avenue
Midland, Texas 79701
(w/o enclosures)



Footnotes

1. Because this office believes that section 552.108 of the Government Code is dispositive of this matter, this letter does not address your argument regarding section 552.101 of the Government Code.

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
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POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer


Home | ORLs





















 

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer


Home | ORLs