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June 23, 1999

Ms. Kristi DeCluitt
Assistant City Attorney
City of College Station
P.O. Box 9960
College Station, Texas 77842

OR99-1756

Dear Ms. DeCluitt:

You have asked 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# 126963.

The City of College Station (the "city") received a request for the same incident report this office previously ruled upon in Open Records Letter No. 99-1492 (1999). In that ruling, it was our understanding that the case was pending criminal prosecution. We advised you in that ruling that the information at issue, except for the basic front page arrest and incident report information, could be withheld from disclosure under section 552.108(a)(1) because an investigation was ongoing. You explain that the district attorney declined to prosecute the case, so you now assert that section 552.108(a)(2) is applicable to these records. Section 552.108(a)(2) excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. We agree that section 552.108(a)(2) excepts these same records from disclosure. However, as we advised you in Open Records Letter No. 99-1492 (1999), the front page offense and arrest report information must be disclosed. Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177, 186-87 (Tex. Civ. App.--Houston [15th Dist.] 1975), writ ref'd n.r.e. per curiam, S.W.2d 559 (Tex. 1976); Open Records Decision No. 127 (1976).

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,

Ruth H. Soucy
Assistant Attorney General
Open Records Division

RHS/ch

Ref.: ID# 126963

Encl. Copy of Open Records Letter No. 99-1492 (1999)

cc: Ms. Teresa Van Hyfte
Little Skyneck, Inc.
D/B/A Hurricane Harry's
4245 Wellborn Road
Bryan, Texas 77801
(w/Copy o f Open Records Letter No. 99-1492 (1999))


 

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