Open Records Decision No. 345
December 31, 1982

	Re:  Files of applicants for employment as state arson investigator

Mr. W. P. Daves, Jr.
Chairman
State Board of Insurance
1110 San Jacinto
Austin, Texas  78786

Dear Mr. Daves:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to the availability of files of applicants for employment as a state arson 
investigator.

	On May 3, 1982, the State Board of Insurance posted a notice announcing that it 
was accepting applications for an “arson investigator 1” position.  The requestor is one of 
the persons who had submitted an application.  He now seeks “complete application files 
on all persons selected to fill the arson investigator positions,” as well as the complete 
file relating to himself.  Although the requestor has been informed otherwise, you state 
that the position has not been filled.  The request is therefore necessarily limited to the 
requestor's file.  You suggest that this material is excepted from disclosure by section 
3(a)(1), 3(a)(2) and 3(a)(11) of the Open Records Act.

	Section 3(a)(11) excepts:

inter-agency or intra-agency memorandums or letters which would 
not be available by law to a party other than one in litigation with 
the agency.

As we have frequently observed, section 3(a)(11) permits an agency to withhold advice, 
opinions, and recommendations contained in inter-agency or intra-agency memoranda.  
Open Records Decision Nos. 315, 308 (1982); 239 (1980).  See also Open Records 
Decision No. 273 (1981).  Thus, evaluations of the requestor contained in his application 
file and all other opinion-like material therein may be withheld under section 3(a)(11).

	We presume that, by raising section 3(a)(1), you intend to claim the exception for 
information made confidential by a constitutional or common law right of privacy.  See 
Open Records Decision Nos. 262, 257 (1980).  Likewise, section 3(a)(2) excepts 
information to the extent that its disclosure would constitute a clearly unwarranted 
invasion of personal privacy.  Open Records Decision Nos. 298, 278 (1981).  Section 
3(a)(2) is applicable only to employees, however; it does not apply to applicants for 
employment.  Open Records Decision No. 110 (1975).

	As to constitutional or common law privacy under section 3(a)(1), we find 
nothing in the remaining records that would be protected by a right of privacy under 
section 3(a)(1).  You have not pointed out any records protected by this section.  See 
Open Records Decision No. 318 (1982).

	We conclude that all material containing advice, opinion, or recommendations 
may be withheld from the requestor.  The remainder of his application file should be 
made available to him.

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