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John Cornyn

August 11, 1999

Ms. Dianne Eagleton, Supervisor
Records Division
North Richland Hills Police Department
P.O. Box 820609
North Richland Hills, Texas 76182-0609


Dear Ms. Eagleton:

You ask us to reconsider our decision in Open Records Letter No. 99-1602 (1999). Your request for reconsideration was assigned ID# 127110.

The North Richland Hills Police Department (the "department") received a request for offense reports concerning an incident which occurred on March 8, 1999. In Open Records Letter No. 99-1602, this office concluded that because you had not met your burden of demonstrating the applicability of section 552.108 of the Government Code, the department could not withhold the requested offense reports from disclosure.

You have provided us with additional arguments in an attempt to demonstrate the applicability of section 552.108 to the information at issue. You state

Because of the backup in our court system, at times we receive the request before a court date can be set. I enclosed a copy of the paperwork indicating the case had been accepted by the Tarrant County District Attorney's Office and stated in my cover letter that no court date had been assigned to the case at the time of the request.

Our records indicate that you did not provide us with a copy of the cover letter to which you refer. Furthermore, you did not explain the significance of the information that you have now highlighted in the "paperwork."

A governmental body must explain the reasons why the stated exceptions apply within fifteen days of receiving the request for information. See Gov't Code 552.301(b). You did not timely submit your arguments and supporting information to this office. We therefore affirm Open Records Letter No. 99-1602 (1999). The department should release the requested offense reports without delay. If you have questions about this ruling, please contact our office


Karen E. Hattaway
Assistant Attorney General
Open Records Division


Ref: ID# 127110

Encl. Submitted documents

cc: Ms. Stephanie Knifong
Waterford on the Green
6228 Glenview Drive
North Richland Hills, Texas 76180
(w/o enclosures)


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