Open Records Decision No. 267
March 18, 1981

	Re:  Whether affirmative action plan and affirmative action report prepared by 
council of governments is open to the public

Mr. W. Hampton Beesley
Attorney at Law
Suite 809, First Savings Building
San Angelo, Texas  76903

Dear Mr. Beesley:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether an annual report regarding an affirmative action plan prepared by 
the Concho Valley Council of Governments is available to the public.  We note that you 
have not questioned the status of the council as a “governmental body” subject to the 
Open Records Act.  See Open Records Decision No. 228 (1979).  You suggest that 
portions of the report may be withheld from disclosure under sections 3(a)(2) and 
3(a)(11) of the act.

	The report does not identify specific employees by name, and even if it did so, 
there is no information contained therein such that its disclosure would constitute a 
“clearly unwarranted invasion of personal privacy” under section 3(a)(2).  See Open 
Records Decision No. 260 (1980).

	On the other hand, this office has long held that section 3(a)(11) excepts from 
disclosure those inter-office communications which consist of advice, opinions and 
recommendations.  See Open Records Decision Nos. 249 (1980); 174 (1977); Attorney 
General Opinion H-436 (1974).  Those portions of the report which may be so 
characterized may be withheld from disclosure, and we have marked such portions 
accordingly.  The remainder of the report is not excepted and should therefore be 
disclosed.

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