March 17, 2009

Ms. Tammye Curtis-Jones

Associate General Counsel

Texas Southern University

3100 Cleburne Avenue

Houston, Texas 77004

OR2009-03471

Dear Ms. Curtis-Jones:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 337410.

Texas Southern University (the "university") received two requests from the same requestor. The first request seeks specified files pertaining to the requestor and the results from a police officer entry level exam. The second request only seeks the entry level exam at issue. You state that you have released a portion of the requested information responsive to the first request. You claim that the submitted information, which consists of the requestor's exam, is excepted from disclosure under section 552.122 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

Section 552.122(b) of the Government Code 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 an individual's or group's knowledge or ability 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). Having reviewed the submitted exam questions and answers, we agree that they are "test items" as contemplated by section 552.122(b) of the Government Code. Therefore, you may withhold the questions and answers under section 552.122(b).

This letter ruling is limited to the particular information 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 information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General at (512) 475-2497.

Sincerely,

Adam Leiber

Assistant Attorney General

Open Records Division

ACL/jb

Ref: ID# 337410

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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