Attorney General's Opinion 1973-74 #456

April 3, 1974

THE HONORABLE GLENN B. MCCLANAN
Member, House of Delegates

73-74 456

This will acknowledge receipt of your recent letter in which you inquire as follows: "A resident of the City of Virginia Beach has made application for a job with one of the Departments in the Virginia Beach City Government. Pursuant to this job application, a background report was prepared by the Department.

"This job applicant has been refused employment with the background report being given as the reason. The citizen has repeatedly requested the right to review the background report for accuracy, but has been denied this right. Pursuant to the Virginia Freedom of Information Act, is this job applicant entitled to see the background report?"

Section 2.1-342(a), Code of Virginia (1950), as amended, provides: "Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of this State having a personal or legal interest in specified records during the regular office hours of the custodian of such records. Access to such records shall not be denied to any such citizen of this State, nor to representatives of newspapers and magazines with circulation in this State, and representatives of radio and television stations broadcasting in or into State." Section 2.1-342(b)(3) specifies certain types of records which are excluded from the foregoing public disclosure requirements as follows:

"(b) The following records are excluded from the provisions of this chapter: * * *

"(3) State income tax returns, medical and mental records, scholastic records and personnel records, except that such access shall not be denied to the person who is the subject thereof." (Emphasis supplied.)

The final clause in §2.1-342(b)(3) clearly indicates the General Assembly's intention that the confidentiality afforded personnel records not be enforced so as to prevent an individual from reviewing his own personnel records.

In view of the foregoing, I am of the opinion that an applicant for employment with the City is entitled to review a background report prepared in connection with his application for employment and maintained by the City in its personnel files.