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November 23, 1999

Ms. Shelly Doty
Records Manager
City of Cleburne
P.O. Box 677
Cleburne, Texas 76033-0677

OR99-3371

Dear Ms. Doty:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 131192.

The City of Cleburne (the "city") 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. You state that no charges were filed, the case has been declared inactive, and 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 further state that the city has already released basic information as required by section 552.108(c). We note that you have 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

JHB/ch

Ref: ID# 131192

Encl. Submitted documents

cc: Ms. Joy Turberville
810 W. Wardville
Cleburne, Texas 76031
(w/o enclosures)


 

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