Dallas Area Rapid Transit PO. Box 660163 DART Dates, 1 75266-0169 214/789-3278 August 30, 2016 VIA Lone Star ‘Open Records Division Office of the Attorney General Supreme Court Building 209 W. 14" Street, 6 Floor Austin, Texas 78701 Re: Open Records Division: DART ORR #987-081616 Dear Open Records Division: ‘On August 16, 2016, Dallas Arca Rapid Transit (hereinafter referred to as "DART") received a request for information under the Public Information Act, Chapter 552, of the Texas Government Code (hereinafter referred to as "the Act") from Avi Adelman. (4 copy of the request is enclosed herewith as Attachment A) DART seeks your decision on whether the responsive information submitted is excepted from required disclosure under Sections 552.101 through 552.156. (A copy of responsive document for which DART is seeking your determination is enclosed herewith as Attachment B) SECTION 552.108 (b)(1)(b)(2):CERTAIN LAW ENFORCEMENT RECORDS ‘Section 552.108 (b)(1) and (b)(2) excepts from required public disclosure an internal record or notation of a law enforcement agency or prosecutor that is maintained for intemal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 (1) if the release of the internal record or notation would interfere with law enforcement or prosecution; (2) the release of the internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication, Pursuant to statutory authority, the DART Police Department was established in 1989 and currently employs over 200 swom peace officers who are certified by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). (A copy of the Resolution establishing DART’s own Police Department is attached hereto and made a part hereof as Attachment C). DART Police Officers are also Peace Officers under Section 2.12(22) of the Code of Criminal Procedure. The DART Police Department has an investigative unit that is capable of investigating DART-tclated criminal offenses. For these reasons, DART Police is a Jaw enforcement agency. Attachment B contains a draft recommended disciplinary action for DART Police Officer Stephanie Branch. This draft has not been issued to the DART Police Officer and must be withheld pursuant to Section 552.108 of the Act. This is an investigation by DART Police Department that did not result in a conviction or deferred adjudication. If this information were * See, 2016 Texas Publc Information Handbook page 93-94, 2 Soe Transporation Code §452110~ Attachment €:Letter to Open Records Department August 30, 2016 Page 2 released it would interfere with DART Police Department's internal investigation of DART Police Officer Stephanie Branch. Further, the investigation did not result in a conviction or deferred adjudication of DART Police Officer Stephanie Branch. ‘Therefore, DART asserts this information must be withheld pursuant to Section 552.108(b)(1) and (b)(2). SECTION 552.111: DELIBERATIVE PROCESS PRIVILEGE Section 552.111 incorporates the deliberative process privilege into the Public Information Act for intra-agency and interagency communications. The deliberative process privilege as incorporated into the Public Information Act protects from disclosure intra-agency and interagency communications consisting of advice, opinion or recommendation on policymaking matters of the governmental body at issue? Attachment B contains intra-agency communication between DART Police Officers and the DART Chief of Police. This draft disciplinary action will be released when it is final. DART asserts this type of intra-agency communication provides the deliberative process of DART Police Department's disciplinary process. Therefore, DART asserts that this information in Attachment B should be withheld pursuant to Section 552.11 -deliberative process privilege. Should you have any questions, concems or require additional information regarding this matter, please do not hesitate to contact me at 214-749-3049, Senior Kssistant General Counsel co: Avi Adelman 5620 East Side Avenue Dallas, Texas 75214 (wo attachments) > See, 2016 Texas Public Information Handbook, pages 118-119