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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. 99-1690 (1999). Your request for reconsideration was assigned ID# 127404.

The North Richland Hills Police Department (the "department") received a request for a particular offense report. In Open Records Letter No. 99-1690, 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 report 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

At the time the original request was mailed there had been no court date set as mentioned in my letter. Since that time a court date has been set for June 30, 1999.

We note that your two letters to this office dated April 7, 1999 do not state that a court date had not been set. These letters provided no information about the status of the case.

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. 99-1690 (1999). The department should release the requested offense report without delay. If you have questions about this ruling, please contact our office


Karen E. Hattaway
Assistant Attorney General
Open Records Division


Ref: ID# 127404

Encl. Submitted documents

cc: Mr. Luis Gonzales
3871 Hunters Point Way
Fort Worth, Texas 76103
(w/o enclosures)


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