|Office of the Attorney General - State of Texas
December 28, 2000
Mr. James L. Hall
Dear Mr. Hall:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 142740.
The Texas Department of Criminal Justice (the "department") received a request for information relating to allegations made against a specified department employee. You claim that the requested information is excepted from disclosure under section 552.108 of the Government Code. We have considered the exception you claim and reviewed the submitted information.
Section 552.108 states:
(a) [i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime is excepted from the requirements of 552.021 if:
(1) release of the information would interfere with the detection, investigation, or prosecution of crime[.]
Generally, a governmental body claiming an exception under section 552.108 must reasonably explain, if the information does not supply the explanation on its face, how and why the release of the requested information would interfere with law enforcement. See Gov't Code §§ 552.108(a)(1), .301(b)(1); see also Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state that the records relate to an ongoing investigation by a law enforcement agency and, therefore, would interfere with the detection, investigation or prosecution of crime. However, the submitted information relates to an internal affairs investigation of employee misconduct and you have not demonstrated, nor do the documents reflect, that the internal affairs investigation pertains to criminal conduct or will be forwarded for criminal prosecution. Because the internal investigation did not result in a criminal investigation or prosecution of the employee, we conclude that the department may not withhold the submitted documents under section 552.108(a)(1). See Morales v. Ellen, 840 S.W.2d 519, 526 (Tex. App.-El Paso 1992, writ denied) (section 552.108 not applicable where no criminal investigation or prosecution of police officer resulted from investigation of allegation of sexual harassment); Open Records Decision No. 350 (1982) (predecessor provision of section 552.108 not applicable to IAD investigation file when no criminal charge against officer results from investigation of complaint against police officer). Accordingly, you must release the submitted information.
This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.
If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).
Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the General Services Commission at 512/475-2497.
Jennifer H. Bialek
Ref: ID# 142740
Encl: Submitted documents
cc: Mr. Robert W. Guard