Open Records Decision No. 264
February 9, 1981

	Re:  Whether names, addresses, and qualifications of applicants for city director 
of public safety are available under the Open Records Act

Mr. Scott Bounds
City Attorney
City of Huntsville
Huntsville, Texas  77340

Dear Mr. Bounds:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether the names, addresses and qualifications of applicants for the 
position of city director of public safety are available to the public.  You explain that the 
director of public safety functions as chief of police.  You contend that the information is 
excepted from disclosure by sections 3(a)(1), 3(a)(2), 3(a)(14) and 3(a)(17) of the act.

	Initially, we emphasize that, although you have submitted the entire file for each 
applicant, much of the information included therein is not the subject of the request.  We 
assume that the information sought regarding an applicant's qualifications refers to his 
formal education, licenses and certificates, employment experience, professional awards 
and recognition, and membership in professional organizations.

	In Open Records Decision No. 257 (1980), we said that the names of applicants 
for the position of superintendent of schools of the Austin Independent School District, 
and for the position of chief of police of the city of Plano, are not excepted from 
disclosure under any provision of the Open Records Act.  We believe that both the 
rationale and result of that decision are correct, and we re-affirm its validity.  In our 
opinion, it is dispositive of your inquiry regarding the names of applicants for the 
position of director of public safety.

	With regard to the request for addresses, you state that more than one-half of the 
applicants are presently serving as peace officers pursuant to article 2.12 of the Code of 
Criminal Procedure.  As such, their home addresses and home telephone numbers are 
specifically excepted from disclosure by section 3(a)(17) of the Open Records Act.  
Home address information should therefore not be disclosed as to any applicant who is a 
Texas peace officer.  Any other applicant may prevent disclosure of his home address 
only by demonstrating the special circumstances outlined in Open Records Decision No. 
169 (1977).

	Although we have never specifically held that the qualifications of applicants for 
public employment must be disclosed, such information regarding licensees has long 
been available.  See Open Records Decision Nos. 215 (1978); 157 (1977); Attorney 
General Opinion H-242 (1975).  In our opinion, disclosure of information about an 
applicant's qualifications cannot be deemed to infringe upon the applicant's right of 
privacy, whether constitutional, common law, or employment-related under section 
3(a)(2) of the act.  See Open Records Decision No. 257 (1980).  If a state licensee's 
qualifications are not excepted from disclosure by a right of privacy, we do not believe 
the qualifications of an applicant for public employment should be so protected.  Indeed, 
as we said in Open Records Decision No. 257, “the qualifications of candidates for the 
position of police chief . . . ‘are an appropriate topic for public debate.’”  It is thus our 
decision that the names and qualifications of applicants for the position of city director of 
public safety for the city of Huntsville are available to the public.  The home address of 
any such applicant is available only if he is not presently a peace officer as defined by 
article 2.12 of the Code of Criminal Procedure.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Bruce Youngblood