Open Records Decision No. 281
September 23, 1981

	Re:  Availability under Open Records Act of reports relating to dismissal of state 
employees

W. Kent Johnson
Chief of Legal Services
Texas Department of Mental Health
      and Mental Retardation
P.O. Box 12668
Austin, Texas  78711

Dear Mr. Johnson:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to the public availability of reports relating to the dismissal of a former 
employee of the Texas Department of Mental Health and Mental Retardation.  
Subsequent to his dismissal, the employee filed a complaint with the federal Equal 
Employment Opportunity Commission [hereinafter EEOC].  You suggest that all 
information related to the complaint is excepted by sections 3(a)(3) and 3(a)(11) of the 
Open Records Act.

	Section 3(a)(3) excepts:

information relating to litigation of a criminal or civil nature and 
settlement negotiations, to which the state or political subdivision is, 
or may be, a party, or to which an officer or employee of the state or 
political subdivision, as a consequence of his office or employment, 
is or may be a party, that the attorney general or the respective 
attorneys of the various political subdivisions has determined should 
be withheld from public inspection.

The complaint in this case is still pending before the EEOC.  You indicate that there is a 
reasonable likelihood that suit will be filed.  Both the attorney for the department and the 
assistant attorney general who represents the department have determined that the 
information should be withheld from disclosure under section 3(a)(3).  Since the 
complaint is presently pending before the EEOC, we believe that this determination is 
reasonable.  Open Records Decision Nos. 270, 266 (1981).  We have examined this 
material and have determined that it is relevant to the potential litigation.  Accordingly, it 
is our decision that all the information submitted to us is excepted from disclosure at this 
time by section 3(a)(3) of the Open Records Act.  In view of this determination, we need 
not address the applicability of section 3(a)(11).

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
Jim Moellinger
Bruce Youngblood