Q Is the adjudicatory order of an Employee Appeals Board (EAB) hearing officer in the possession of the state personnel board exempt from the Public Records Act as a personnel record? If not, does the hearing officer have the authority to enter an order exempting an order or file from the Act?

A No. An adjudicatory order by the EAB is an order of a quasi-judicial body determining the legal rights and obligations of the parties before it. These orders are maintained by the EAB or personnel board and not principally maintained in an employee’s personnel file, and do not fall into a statutory exemption. There is no authority for a hearing officer to exempt otherwise nonexempt documents from operation of the Act. (Attorney General’s Opinion to Mosley, October 19, 2012)