Open Records Decision No. 330
December 21, 1982

	Re:  Minutes of executive session of board of local mental health and mental 
retardation center

Mr. Guy N. Goodson
Benckenstein, McNicholas, Oxford,
     Radford, Johnson and Nathan
P. O. Drawer 150
San Jacinto Building
Beaumont, Texas  77704

Dear Mr. Goodson:

	On behalf of the Mental Health and Mental Retardation Center of Southeast 
Texas you have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether a transcript of an executive session of the board of a local mental 
health and mental retardation center is available to the public.

	In the course of its regular meeting of August 17, 1981, the board of trustees of 
the Mental Health and Mental Retardation Center of Southeast Texas (hereinafter 
MHMR Center) held an executive session to review the performance of its executive 
director.  Various individuals were interviewed in this matter, and a court reporter 
transcribed the proceedings of the executive session.  A member of the community 
advisory committee of the MHMR Center has requested access, as a member of the 
public, to the transcript.  You suggest that the transcript is excepted from disclosure by 
section 3(a)(1), as “information deemed confidential by law,” in this case, section 2(g) of 
article 6252-17, V.T.C.S., the Open Meetings Act.  Section 2(g) thereof provides:

Nothing in this Act shall be construed to require governmental 
bodies to hold meetings open to the public in cases involving the 
appointment, employment, evaluation, reassignment, duties, 
discipline, or dismissal of a public officer or employee or to hear 
complaints or charges against such officer or employee, unless such 
officer or employee requests a public hearing.

	In our opinion, section 2(g) constitutes sufficient statutory authority for the board 
to withhold a transcript of a properly held executive session.  The transcript reflects only 
discussion between witnesses and members of the board and among individual board 
members.  As long ago as 1974, this office held that minutes of a meeting which reflect 
discussion properly held in closed session need not be disclosed because:

the public policy embodied in these provisions of the Open 
Meetings Law permits the non-dissemination of those portions of 
the minutes.

Open Records Decision No. 60 (1974).  To require the board to reveal the transcript 
would in our view, so vitiate the impact of section 2(g) as to render it of no effect.  We 
conclude, therefore, that the transcript of a properly held executive session of the board 
may be withheld from disclosure by virtue of section 3(a)(1) of the Open Records Act, as 
information deemed confidential by law, specifically, section 2(g) of the Open Meetings 
Act.

	You also ask whether an individual who testified in executive session is entitled 
to a copy of his own transcribed statement.  You do not state whether this person is an 
employee.  We will assume for purposes of this decision that he is.  In Open Records 
Decision No. 115 (1975), this office held that an individual employee was entitled to a 
copy of his own oral and written statements taken in the course of an investigation into 
the conduct of another employee.  The reasoning of Open Records Decision No. 115 was 
based upon the employee's “special right of access” under section 3(a)(2) of the Open 
Records Act, a principle which has subsequently been called into question, see Open 
Records Decision No. 288 (1981).  We conclude that the Open Records Act does not 
entitle this individual, whatever his employment status, to the transcript of his testimony 
taken in executive session.

	Your additional questions relate to matters of statutory construction.  The Open 
Records Act does not give this office authority to resolve such questions in an Open 
Records Decision.  See V.T.C.S. art. 4399.

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
Bruce Youngblood