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John Cornyn

July 6, 1999

Ms. Rosalinda O. Fierro, CLA
Records Department
District Attorney's Office
P.O. Box 1748
Austin, Texas 78767


Dear Ms. Fierro:

You ask whether certain information is subject to required public disclosure under the Texas Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 126260.

The Travis County District Attorney's Office (the "district attorney") received a written request for "the phone directory of employees of the [district attorney]." Citing Open Records Decision No. 506 (1988) as authority, you seek to withhold the requested information pursuant to section 552.108 of the Government Code.

Section 552.108(b)(1) provides an exception for an internal record of a law enforcement agency that is maintained for internal use in matters relating to law enforcement or prosecution if "release of the internal record or notation would interfere with law enforcement or prosecution." In Open Records Decision No. 506, this office concluded that the "law-enforcement" exception applied to the cellular mobile telephone numbers of county officials and employees with specific law enforcement responsibilities. Open Records Decision No. 506 (1988). This office reasoned that if these numbers were publicly released, the purpose of these telephones, which is to insure immediate access to designated county officials and employees with specific law enforcement responsibilities, would be defeated. See id. at 2.

The information at issue here, on the other hand, does not reveal law-enforcement officers' cellular telephone numbers, but rather the numbers of telephones located in the offices of the district attorney. Consequently, we conclude that Open Records Decision No. 506 does not govern your request. Because you have not demonstrated, and this office does not otherwise believe, that the release of the requested telephone directory would "interfere with law enforcement or prosecution" for purposes of section 552.108, we conclude that the requested information must be released.

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.


Michael J. Burns
Assistant Attorney General
Open Records Division


Ref.: ID# 126260

Encl. Submitted documents

cc: Mr. Charles Castillo
Assignment Manager
Time Warner Cable
12012 North MoPac Expressway
Austin, Texas 78758
(w/o enclosures)


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