Director rules DPS proficiency‑test files are employment records; appeal denied

Director Lonnie Pearson denied an appeal by Mr. McClendon seeking a specific firearms‑unit proficiency test maintained by the Bureau of Forensic Science. McClendon argued the test is an accreditation document and could be released with web codes or identifying numbers redacted; he said published CTS results do not include examiner names and that redaction could preserve privacy while meeting public interest.

DPS counsel Mr. Jorgensen said DPS and the Department of Health classify proficiency tests and similar materials as employee performance evaluations and that releasing test results could allow de‑anonymization (for example by cross‑referencing web codes with publicly available data). He noted the records had been designated as private personnel records under established record series.

After reviewing the in‑camera materials and available public audits, Director Pearson agreed that the records fit the employment‑record classification under GRAMA, that segregation or redaction would likely reveal identifying employment information given publicly available data, and that the public interest did not outweigh the privacy interests here. He denied the appeal and will issue a written decision within seven business days; McClendon may appeal to district court.