AGO 1996-105.

• Case Date: January 19, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-105. 1996-105January 19, 1996Honorable Don Siegelman Lieutenant Governor Alabama Statehouse 11 South Union Street Suite 725 Montgomery, Alabama 36130 Alabama Department of Environmental Management - Resumes - Sunshine Law - Public RecordsEnvironmental Management Commission, or any committee thereof, may not meet in private executive session other than for the limited purpose of discussing the "character or good name" of applicants for position of Director of Alabama Department of Environmental Management. Names and resumes of applicants for position of Director of Alabama Department of Environmental Management are matters of public record. If resume contains confidential information, the release of which would cause undue harm or embarrassment to applicant, such information may be kept confidential. If Environmental Management Commission refuses to release such information on the ground that it should remain confidential, the burden will fall on the Commission to show that it properly refused access.Dear Lt. Governor Siegelman: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION I May the Environmental Management Commission or any committee thereof meet in private executive session to interview or to discuss applicants for the position of Director of the Alabama Department of Environmental Management other than for the limited purpose of discussing the "character" or "good name" of the applicants? FACTS AND ANALYSIS Your request presents the following additional facts: The Alabama Environmental Management Commission has appointed a search committee to review applications and conduct interviews for the position of Director of the Alabama Department of Environmental Management. This committee has announced that all interviews and deliberations of the search committee will be conducted in closed executive session. The Environmental Management Commission has received a number of applications and other materials from persons seeking appointment to the position of Director. The Commission has refused to disclose the names of the applicants and refused to disclose any materials the applicants may have submitted. Alabama's "Sunshine Law," Code of Alabama 1975, _13A-14-2 provides that: "(a) No executive or secret session shall be held by any of the following named boards, commissions or courts of Alabama, namely: Alabama public service commission; school commissions of Alabama; board of adjustment; state or county tax commissions; any county commission; any city commission or municipal council; or any other body, board or commission in the state charged with the duty of disbursing any funds belonging to the state, county or municipality, or board, body or commission to which is delegated any legislative or judicial function; except, that executive or secret sessions may be held by any of the above named boards or commissions when the character or good name of a woman or man is involved." The threshold issue that must first be determined is whether the Environmental Management Commission falls within the scope of _13A-14-2, i.e...