Is the County Manager’s Accomplishments List a Public Record?

Question from Jay, Is the County Manager’s Accomplishments List a Public Record?

Answer from AI:

Open‑Session Discussion vs. Public‑Record Status

When a county official speaks in an open‑session meeting, the discussion itself is public, but that does not automatically turn every document mentioned into a public record. Most state public‑records statutes (often called “sunshine” or “open‑records” laws) contain specific exemptions for personnel files and performance‑review materials. The purpose of those exemptions is to protect employee privacy and to allow candid evaluations.

Typical Exemptions for Personnel Records

• Personnel files – many states exempt an employee’s personnel file, which can include performance reviews, disciplinary actions, and related documents.
• Performance‑review materials – even when the existence of a review is disclosed publicly, the actual review often remains confidential under the same exemption.
• Confidential or privileged information – some statutes protect information that could be considered confidential under state law or collective‑bargaining agreements.

Because the County Manager’s list of accomplishments was prepared as part of her annual performance review, it most likely falls within one of these exemptions. The fact that she announced she would email the list to the commissioners does not change its status; the announcement merely informs the public that the review will occur, not that the review itself is public.

How State Law Usually Handles This Situation

While the exact language varies, the pattern is similar in many jurisdictions:

1. Open‑session rule – Items discussed in open session are not automatically subject to disclosure.
2. Public‑records act – A request must be evaluated against the statutory definition of a “public record.”
3. Exemption analysis – If the requested document is a personnel or performance‑review record, the agency can lawfully deny the request.

For example, the California Public Records Act (CPRA) exempts “personnel, medical, or similar files” (Cal. Gov’t Code § 6254.21). Likewise, the Texas Public Information Act exempts “personnel records” (Tex. Gov’t Code § 552.102). Most other states have comparable language.

What You Can Do

• Check your state’s public‑records statute – Look for the specific exemption language concerning personnel or performance‑review records.
• Request a written denial – Agencies are usually required to cite the exact statutory exemption when denying a request.
• File an administrative appeal – Many states allow you to appeal the denial to a records‑custody officer, a board, or a court.
• Seek legal counsel – If the denial appears to conflict with the open‑session disclosure or if you believe the exemption is being misapplied, a lawyer can help you evaluate an appeal or potential litigation.

When Legal Advice Is Needed

Because the applicability of exemptions can hinge on subtle facts—such as whether the list is considered a “personnel file” or merely a summary of public duties—consulting a licensed attorney familiar with your state’s open‑records law is advisable. An attorney can also help you draft a precise appeal that references the relevant statutory provisions.

Helpful Resources

• National Association of State Legislatures – Open Records Laws – an overview of state‑by‑state statutes and common exemptions.
• Your state’s public‑records act – typically available on the official state legislature or attorney‑general website (search for “[Your State] Public Records Act” or “Freedom of Information Act”).

In summary, the County Manager’s discussion of her accomplishments in open session does not automatically make the underlying performance‑review list a public record. Most states’ public‑records laws exempt personnel and performance‑review documents, allowing the manager to lawfully refuse disclosure. If you believe the exemption is being misapplied, you can appeal the denial and should consider obtaining legal advice to navigate the process.