Laserfiche WebLink
<br />e <br /> <br />e <br /> <br />Page I of2 <br /> <br />Open Records Decision No. 355 <br />December 31, 1982 <br /> <br />Re: Availability under the Open Records Act of complaints received by Dalla <br />Environmental Health and Conservation Department <br /> <br />Mr. Edward H. Perry <br />Assistant City Attorney <br />City Hall <br />Dallas, Texas 75201 <br /> <br />Dear Mr. Perry: <br /> <br />The Environmental Health and Conservation Department of the city of Dallas <br />enforces local and state requirements pertaining to air pollution. Enforcement opti <br />available to the department include criminal prosecution for violations of city ordi <br />regulations, or the Texas Penal Code. Violations of city ordinances constitute Clas <br />misdemeanors. <br /> <br />The Air Pollution section of the department has received a request from the <br />president of a particular corporation for records of all complaints concerning his <br />company that were made to that section between July 1980 and July 1981. Your letter <br />this office indicates that you regard the nature of the complaints as public informa <br />You contend, however, that the names, addresses, or any other information that would <br />tend to reveal the identity of complainants may be withheld from public disclosure. <br />seek our decision under the Open Records Act, article 6252-l7a, V.T.C.S., as to whet <br />this information may be protected. You base your claim upon section 3(a) (1) <br />spe.cifically, the informer's privilege -- and section 3 (a) (8) of the act. <br /> <br />We recently dealt with an Open Records Act request which, in all material <br />respects, was identical to yours. In Open Records Decision No. 279 (1981), we <br />determined that the identity of a person who reports a zoning ordinance violation to <br />is excepted from disclosure as information deemed confidential by the informer's <br />privilege. There, as here, violators of the ordinance were guilty of criminal offen <br />specifically, Class C misdemeanors. <br /> <br />Based on Open Records Decision No. 279, we conclude that you may withhold <br />the names, addresses, and other information tending to identify the complainants in <br />question. <br /> <br />Very truly yours, <br /> <br />Mark White <br />Attorney General of Texas <br /> <br />John W. Fainter, Jr. <br />First Assistant Attorney General <br /> <br />Richard E. Gray III <br />Executive Assistant Attorney General <br /> <br />Prepared by Jon Bible <br />Assistant Attorney General <br /> <br />APPROVED: <br />OPINION COMMITTEE <br /> <br />Susan L. Garrison, Chairman <br />Jon Bible <br />Walter Davis <br />