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September 13, 1999

Lieutenant Brad Lancaster
Amarillo Police Department
200 E. 3rd
Amarillo, Texas 79101-1514

OR99-2561

Dear Lieutenant Lancaster:

You ask whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 128441.

The Amarillo Police Department (the "Department") received a request for the Department's Investigation Report #99-66552 concerning Ricardo Serna, deceased. You assert that the Investigation Report is excepted from disclosure pursuant to sections 552.101 and 552.108 of the Government Code. You also cite Open Records Letter No. 98-0095 (1998) in support of your section 552.108 assertion. We have reviewed your claim and considered the documents you submitted.

Section 552.108(a)(2) excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. Based on the information you provided, we understand you to assert that the requested information pertains to a case that concluded in a result other than conviction or deferred adjudication. Therefore, we agree that section 552.108(a)(2) is applicable.

However, section 552.108 is inapplicable to basic front page 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). Thus, with the exception of the basic front page information, you may withhold the requested information 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 that is not otherwise confidential by law. Gov't Code 552.007.

As section 552.108(a)(2) is dispositive, we will not address your section 552.101 assertion.

We are resolving this matter with this 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 may not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

Rose-Michel Munguía
Assistant Attorney General
Open Records Division

RMM/nc

Ref.: ID# 128441

Encl: Submitted documents

cc: Ms. Sara Trevino
1600 Binkley #25
Dumas, Texas 79029
(w/o enclosures)


 

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