6. Evaluations/performance reviews

Public employee personnel files are not exempt from disclosure under the Act. However, the Act does exempt “[r]ecords consisting of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee.” O.C.G.A. § 50-18-72(a)(7).

Letters or memoranda that are matters of opinion do not constitute public records.  See NMSA 1978 § 14-2-1(C).

Performance evaluations are exempt from disclosure if they are used by the employer for staff management planning. Wis. Stat. § 19.36(10)(d). Otherwise they are available for public inspection, subject to the balancing test.