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John Cornyn
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October 21, 1999

Mr. Darrell G-M Noga
Cooper & Scully
Founders Square
900 Jackson Street, Suite 100
Dallas, Texas 75202

OR99-2980

Dear Mr. Noga:

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# 128267.

The City of Coppell received a request for a copy of Incident Report Nos. 98-42620 and 98-40797. You contend that portions of the requested incident reports are excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and have reviewed the sample documents.(1)

Section 552.101 of the Government Code excepts from disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Section 552.101 encompasses confidentiality provisions such as section 58.007 of the Family Code. Juvenile law enforcement records relating to conduct that occurred on or after September 1, 1997 are confidential under section 58.007. Since the submitted records pertain to the criminal conduct of an adult, the city may not withhold these records in their entirety under section 58.007 of the Family Code. We have, however, marked the information in these records that falls within the ambit of section 58.007, and, therefore, must be withheld. The remaining information must be released to the requestor.

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 on as a previous determination regarding any other records. If you have any questions regarding this ruling, please contact our office.

Sincerely,

June B. Harden
Assistant Attorney General
Open Records Division

JBH/ch

Ref: ID# 128267

Encl. Marked documents

cc: Ms. Nancy Roth
5706 Mapleshade Lane
Dallas, Texas 75252
(w/o enclosures)


 

Footnotes

1. We assume that the "representative sample" of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision No. 499 (1988), 497 (1988) (where requested documents are numerous and repetitive, governmental body should submit representative sample; but if each record contains substantially different information, all must be submitted). This open records letter does not reach, and therefore does not authorize the withholding of, any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.
 

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