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June 26, 2000

Mr. Charles Allen, II
Legal Office
Richardson Police Department
P.O. Box 831
Richardson, Texas 75083-1078

OR2000-2450

Dear Mr. Allen:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 136453.

The City of Richardson (the "city") received a request for records of all calls that the requestor made to the police to report anything about or against the requestor's husband over the last two years. You appear to claim that the requested information is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

As a preliminary matter, we note that the city has submitted information to this office which is clearly not responsive to the request. Despite the specific wording of the request, the city has apparently attempted to submit to this office records of all calls made from the requestor's residence for police assistance over the last two years.(1) Of all the materials you have submitted to this office, only two offense reports pertain to calls that the requestor made to the police about her husband. Consequently, this ruling only addresses these two offense reports, numbers 00-30502 and 99-19609.

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." Gov't Code 552.108(a)(2). This provision only applies to a criminal case that has concluded and that did not result in conviction or deferred adjudication. Id. You state that none of the submitted information, including the relevant offense reports, "resulted in conviction or adjudication." We take this to mean that the criminal cases to which report numbers 99-19609 and 00-30502 pertain have actually concluded, and that they concluded in a result other than conviction or deferred adjudication. Based on your argument and our review of these two offense reports, we find that both reports are subject 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). Thus, the city must release the type of information that is considered to be front page offense report information to the extent that it appears in the relevant offense reports. Accordingly, with the exception of the basic front page offense report information, the city may withhold report numbers 99-19609 and 00-30502 from disclosure based on section 552.108(a)(2). Although section 552.108(a)(2) authorizes you to withhold the remaining information from disclosure, you may choose to release all or part of the reports that are not otherwise confidential by law. See Gov't Code 552.007.

This letter ruling is limited to the particular records 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 records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. 552.321(a).

If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body's intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839. The requestor may also file a complaint with the district or county attorney. Id. 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.-Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling.

Sincerely,

E. Joanna Fitzgerald
Assistant Attorney General
Open Records Division
EJF\nc
Ref: ID# 136453
Encl: Submitted documents


 

Footnotes

1. As you have provided this office with a "call report" which apparently lists all calls for police assistance at the requestor's address for the last two years, we note that you have provided all of these records except for call numbers 98038079 and 98041523. If these records are responsive to the request for information, then the city must release them to the requestor at this time. See Gov't Code 552.301, 552.302.
 

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