|Office of the Attorney General - State of Texas
October 24, 2000
Mr. Leonard W. Peck, Jr.
Dear Mr. Peck:
You ask whether certain information is subject to required public disclosure under the Public Information Act, chapter 552 of the Government Code. Your request was assigned ID# 140788.
The Texas Department of Criminal Justice (the "department") received a request for copies of the answers given by the requestor and another named individual during the department's job selection process. The department states that the comments of the reviewers and the justification for selection are being provided to the requestor. You claim that the information is excepted from disclosure under section 552.122 of the Government Code. We have considered the exception you claim and reviewed the submitted information.
Section 552.122(b) excepts from disclosure test items developed by a licensing agency or governmental body. In Open Records Decision No. 626 (1994), this office determined that the term "test item" in section 552.122 includes any standard means by which an individual's or group's knowledge or ability in a particular area is evaluated, but does not encompass evaluations of an employee's overall job performance or suitability. Whether information falls within the section 552.122 exception must be determined on a case-by-case basis. Open Records Decision No. 626 at 6 (1994). After reviewing the submitted information, we conclude that question numbers 2, 4, 5, 6, 7, and 8 test an individual's or group's knowledge or ability in a particular area. Because the answers tend to reveal the questions, the department may withhold the interview questions and answers for question numbers 2, 4, 5, 6, 7, and 8 under section 552.122(b). The answers to question numbers 1 and 3 must be released.
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 the General Services Commission at 512/475-2497.
Ref: ID# 140788
Encl: Submitted documents
cc: Ms. Wanda Lee Jankovich