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John Cornyn

November 9, 1999

Mr. Steven D. Monte;
Assistant City Attorney
Criminal Law and Police Division
City of Dallas
2014 Main Street, Room 206
Dallas, Texas 75201


Dear Mr. Monte;:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 129349.

The City of Dallas (the "city") received a request for information relating to "Club Pachanga," George's Country Club, and a named individual. You claim that the requested information is excepted from disclosure under sections 552.103 and 552.108 of the Government Code.

Section 552.301(e)(1)(D) of the Government Code requires that a governmental body seeking an attorney general decision as to whether it may withhold requested information submit to this office copies of the requested information or representative samples thereof no later than the 15th business day after it received the request. Section 552.302 provides that if a governmental body fails to timely submit the materials required by section 552.301, the requested information must be released unless there is a compelling reason to withhold the information.

You advise that the city received the request for information on August 25, 1999. Allowing for the Labor Day Holiday, the fifteenth business day after the date the city received the request was September 16. To date, you have not submitted to this office the information required by section 552.301(e)(1)(D), nor have you shown a compelling reason for withholding such information. Generally, sections 552.103 and 552.108 do not provide a compelling reason for withholding. See e.g. Open Records Decision No. 473 (1987). Accordingly, you must release the information. See, e.g., Open Records Decision No. 150 (1977) (compelling reason for withholding may be shown by demonstration that information is made confidential by another source of law or affects third party interests).

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.


William Walker
Assistant Attorney General
Open Records Division


Ref: ID# 129349

cc: Mr. Ernest Leonard
8117 Preston Road
Dallas, Texas 75225
(w/o enclosures)


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