Open Records Decision No. 363
March 11, 1983

	Re:  Whether files on employees of Sabine River Authority are open

Mr. Earl Roberts, Jr.
Roberts, Harbour
Attorneys at Law
P. O. Drawer 2072
Longview, Texas  75606

Dear Mr. Roberts:

	As attorney for the Sabine River Authority you have requested our decision under 
the Open Records Act, article 6252-17a, V.T.C.S., as to whether records relating to 
employees of the Sabine River Authority are available to the public.  Your letter of 
request contends that the material you have furnished us is excepted from disclosure by 
sections 3(a)(2), 3(a)(3) and 3(a)(11) of the act.  Since it was not apparent from our 
examination of the documents submitted that any of the claimed exceptions were clearly 
applicable, we attempted unsuccessfully to contact you by phone.  We have also written 
to you twice asking you to clarify your contentions, but have received no reply.

	As this office has frequently noted:

A general claim that an exception applies to an entire file or report, 
when the exception clearly is not applicable to all of the information 
in the file or report, simply does not comport with the procedural 
requirements of the Act.

Open Records Decision No. 150 (1977).  The Open Records Act makes governmental 
records open unless they fall within one of the particular exceptions applicable.  See 
Attorney General Opinion H-436 (1974); Open Records Decision Nos. 339 (1982); 150 
(1977); 91 (1975).

	If an agency does not establish how and why a particular exception applies to 
requested information, we have no basis upon which to pronounce it protected.  Since 
you have failed to make any such showing, we can only conclude that the records at issue 
here, relating to employees of the Sabine River Authority, are not excepted from 
disclosure.  See Open Records Decision No. 216 (1978).

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

Approved:
Opinion Committee

Susan L. Garrison, Chairman
Walter Davis
Rick Gilpin
Jim Moellinger
Bruce Youngblood