07-24-03 Fill Dirt Review Committee minutes

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,- . . MARK WHITE Attorney General SuDf.me Court BulldinO P. O. Boa 12s.ea AusUn. TX. 78711.2548 51214 7!1-2501 T.... "01874.'367 T...CDt".. 5'21..7!1-O266 1607 Main 51., SUite ,.00 Da",,, TX. lr.201-4709 21""..2..... 4824 Alberta Ave., Suite 160 it Paso, TX. ~2793 t1~ 1220 Dalla. Ave., Suite 202 Houston. TX. 77002-6986 713/15000666 806 BrDadway, SuUe 312 LubbOek. 1)(, 'nM01.3479 8061747.5238 .. N. Tenth, Suire B McAllen. lX. 7850"'~ 5121l582-4S.7 200 Main Plua, Suite 400 San AntoniD. lX. 7820S-2797 5'2122~'91 An Equal Opportunityl AtII,mative Action Emp\Dye' e e The Attorney General of Texas August 20, 1982 Major General Willie L. Scott TexARNG, The Adjutant General P. O. Box 5218 Austin, Texas 78763 Open Records Decision No. 320 ae: Whether certain documents held by the Adjutant General's Department are public under the Open Records Act Dear General Scott: You have requested our decision under the Open Records Act, article 6252-17a, V.T.C.S., as to whether information obtained in two investigations of employee conduct conducted by the Adjutant General's office is available to the public. You suglest that portions of the material are excepted from disclosure under sections 3(.)(1), 3(a)(2), 3(a)(3), 3(a)(8) and 3(a)(11) of the Act. The first series of documents relates to a report, dated October 24. 1979. of an investigation into allegations and counter-allegations against various personnel of the Texas Rational Guard. You have marked the rele~ant portions of these documents as "enclosure 5c." Parties to the litigation relating to this investigation have already inspected these records pursuant to court order. AI a result. section 3(a)(3) of the Open Records Act may no lODser be applied to except the information from disclosure. Neitber is the 1nfoT1ll8t1on excepted under secttons 3(a)(1) or 3 (a)(2) . Under section 3 (a)( 1) . which excepts lIinformation deemed confidential by law," we have recognized both constitutional and c01llll1On law privacy. None of the information submitted, however. satisfies the requirements imposed for either kind of privacy. Open Records Decidon No. 260 (980). Section 3(a)(2). which requires a showing that disclosure of particular information about public employees would constitute lIa clearly unwarranted invasion of personal privacy," 18 also inapplicable to the information submitted. Open Records Decision No. 260 (1980). Although section 3(a)(8). which excepts law enforcement records. is applicable to the Texas National Guard. Open Records Decision No. 172 (977). the availability of the exception is greatly restricted when a file has been administratively closed. Open Records Decision No. 216 (1978). You have not suggested that access to the information