Open Records Decision No. 325
December 21, 1982

	Re:  Hearing officer's report of state employee's termination

Mr. M. G. Goode
Engineer-Director
State Department of Highways and
     Public Transportation
Highway Building, 11th and Brazos
Austin, Texas  78701

Dear Mr. Goode:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether a hearing officer's report of a state employee's termination is 
available to the public.

	The employee in question was terminated on February 1, 1982, after he and 
another employee were found to have used a state dump truck to deliver approximately 
one ton of asphaltic material and five advertising signs to the former's residence.  A 
hearing officer of the Department of Highways and Public Transportation conducted an 
inquiry into the matter, and, in a report dated March 1, 1982, upheld the termination.  His 
report consists of background information, a summary of interviews, and his conclusions 
and recommendations.  Attached to the report are written statements by various persons 
who had knowledge of the incident.  A union representative has requested copies of all 
material contained in the investigatory file.

	Our letter of acknowledgment to your request letter contained the following 
statement:

	The Open Records Act places on the custodian of records the 
burden of proving that they are excepted from public disclosure.  
We are not required by the Act to raise and consider exceptions 
which you have not raised.

	You have not invoked any specific exception under section 3(a) of the Open 
Records Act.  In our opinion, except for section 3(a)(1), which excepts “information 
deemed confidential by law,” this office is not authorized to raise exceptions on behalf of 
a governmental body.  See Open Records Decision No. 321 (1982).  Section 3(a)(1) does 
not appear to except any of the material at issue here.  The act clearly provides:

If a governmental body receives a written request for information 
which it considers within one of the exceptions stated in Section 3 
of this Act . . . the governmental body . . . must request a decision 
from the attorney general to determine whether the information is 
within that exception.  If a decision is not so requested, the 
information shall be presumed to be public information.

V.T.C.S. art. 6252-17a, §7(a).

	Since you have failed to indicate which exception or exceptions you believe to be 
applicable here, we must presume, in accordance with section 7(a), that the entire 
investigative report, with attachments, is public information and must be disclosed to the 
requestor.

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
Patricia Hinojosa
Jim Moellinger