October 15, 2001

Mr. James L. Hall
Assistant General Counsel
Texas Department of Criminal Justice
P.O. Box 4004
Huntsville, Texas 77342

OR2001-4644

Dear Mr. Hall:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 153376.

The Texas Department of Criminal Justice (the "department ") received two requests for information related to the job posting for an Industrial Specialist VI, including a specified application. You claim that some of the requested information is excepted from disclosure under sections 552.117 and 552.122 of the Government Code. Because you state that you are only requesting a decision for the test questions and answers, we assume that you have released any remaining responsive information. If not, you must do so at this time. See Gov't Code §§ 552.301, .302. We have considered the exceptions you claim and reviewed the submitted information. We have also considered the comments submitted by one of the requestors. See Gov't Code § 552.304 (providing for submission of public comments).

You assert that interview questions 1, 3, 4, and 5 and respective answers are excepted under section 552.122(b) of the Government Code. Section 552.122(b) excepts from disclosure test items developed by a licensing agency or governmental body. In Open Records Decision No. 626 (1994), this office determined that the term "test item" in section 552.122 includes any standard means by which the knowledge or ability of an individual or group in a particular area is evaluated, but does not encompass evaluations of an employee's overall job performance or suitability. Whether information falls within the section 552.122 exception must be determined on a case-by-case basis. Open Records Decision No. 626 at 6 (1994). Traditionally, this office has applied section 552.122 where release of "test items" might compromise the effectiveness of future examinations. Id. at 4-5; see also Open Records Decision No. 118 (1976).

After reviewing the submitted questions, we conclude that interview questions 3, 4, and 5 evaluate the knowledge or ability of an individual or a group in a particular area and may be withheld as "test items" under section 552.122(b). Because the answers tend to reveal the questions, the department may also withhold the answers to interview questions 3, 4, and 5 under section 552.122(b). However, we conclude that test question 1 does not evaluate the knowledge or ability of an individual, but rather evaluates an employee's overall job performance or suitability. Thus, you may not withhold question 1 under section 552.122(b) of the Government Code.

You also assert that social security numbers of department employees are excepted under section 552.117(3) of the Government Code. Section 552.117(3) provides for the confidentiality of home addresses, home telephone numbers, social security numbers, and family member information of department employees, regardless of whether the employees comply with section 552.024 of the Government Code. Therefore, we conclude that the department must withhold social security numbers of current department employees under section 552.117(3) of the Government Code.

In conclusion, you may withhold test questions 3, 4, and 5 and their answers under section 552.122(b) of the Government Code. You must also withhold the social security numbers of department employees under section 552.117(3) of the Government Code. You must release the remaining submitted information.

This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body's intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Dept. of Public Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the General Services Commission at 512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling.

Sincerely,

Jennifer H. Bialek
Assistant Attorney General
Open Records Division
JHB/sdk
Ref: ID# 153376
Enc: Submitted documents

c: Mr. Richard L. Crum
110 Margarita Drive
Killeen, Texas 76542
(w/o enclosures)

Mr. Terry H. Worden
14 Dawn Court
Abilene, Texas 79605-2218
(w/o enclosures)

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