|Office of the Attorney General - State of Texas
June 10, 1999
Ms. Lois Cochran
Dear Ms. Cochran:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 126192.
The City of Cleburne (the "city") received a request for a listing of all city employees' names and addresses. You have released some of the requested information. You assert that the remaining requested information is confidential under section 552.117 of the Government Code.
Section 552.117(2) excepts from public disclosure information that reveals a peace officer's home address, home telephone number, social security number, and whether the officer has family members. "Peace officer" is defined by article 2.12 of the Code of Criminal Procedure. For those individuals who are peace officers, the city must withhold their home addresses under section 552.117(2). See Open Records Decision No. 622 (1994) (officer's former home address and telephone number also excepted from disclosure).
As for the remaining city employees, their addresses may be withheld under section 552.117 if they have complied with section 552.024. Section 552.117 of the Government Code excepts from required public disclosure the home addresses, telephone numbers, social security numbers, or information revealing whether a public employee has family members when the public employee requests that this information be kept confidential under section 552.024. Therefore, section 552.117 requires you to withhold this information of a current or former employee or official who requested that this information be kept confidential under section 552.024. See Open Records Decision Nos. 622 (1994), 455 (1987). You may not, however, withhold the information of a current or former employee who made the request for confidentiality under section 552.024 after this request for information was made. Whether a particular piece of information is public must be determined at the time the request for it is made. Open Records Decision No. 530 at 5 (1989). You inform us that the submitted information contains the names and addresses of city employees who have complied with section 552.024 and denied access to their section 552.117 information. Thus, you must withhold their addresses. However, you must release the employees' names as names are not protected by section 552.117.
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 questions about this ruling, please contact our office.
Ref: ID# 126192
Encl.: Submitted documents
cc: Mr. Gary Costlow
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US