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November 23, 1999

Ms. Cynthia Reed
Assistant City Attorney
City of College Station
P.O. Box 9960
College Station, Texas 77842

OR99-3365

Dear Ms. Reed:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 130982.

The College Station Police Department (the "department") received a request for information regarding a police report. You claim that the police report is excepted from disclosure under section 552.108(a)(2) of the Government Code. We have considered the exception you claim and have reviewed the submitted information.

Section 552.108(a)(2) excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. Because the case has been exceptionally cleared, we understand that you 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. You state that the department has already released basic information as required by section 552.108(c). 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.

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.

Sincerely,

Jennifer Bialek
Assistant Attorney General
Open Records Division

JB/nc

Ref: ID# 130982

Encl. Submitted documents

cc: Mr. William Marden
3497 F.M. 2038 North
Bryan, Texas 77808
(w/o enclosures)


 

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