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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5832 December 18, 1980 FREEDOM OF INFORMATION ACT: Public disclosure of test questions and answers on promotional examination A public body is not required to disclose both the questions and the answers of a sheriff's promotional test unless the public body finds it is in the public interest to disclose both the test questions and answers. The Honorable John C. Hertel State Senator The Capitol Lansing, Michigan You have requested my opinion on whether a county civil service commission may permit the public disclosure of test answers but withhold from public disclosure the test questions given on a sheriff's promotional examination in light of the Freedom of Information Act. The Freedom of Information Act, 1976 PA 442; MCLA 15.231 et seq; MSA 4.1801(1) et seq, Sec. 13(1)(1), provides, in pertinent part: 'A public body may exempt from disclosure as a public record under this act: '(1) Test questions and answers, scoring keys, and other examination instruments or data used to administer a license, public employment, or academic examination, unless the public interest in disclosure under this act outweighs the public interest in nondisclosure.' This language is clear. The public body providing the test questions and answers is not required to disclose them under 1976 PA 442, Sec. 13(1)(1), supra, but it may do so. In making its determination to make the test questions and answers available to the public or to withhold them, the public body must weigh the public interest involved. This rule would apply to both test questions and answers. Little purpose would be served by disclosing test answers without also disclosing the test questions. The determination to withhold in the public interest must relate to both the test questions and answers. Anyone considering himself or herself aggrieved by a determination of a public body to withhold both the test questions and answers may seek judical review. 1976 PA 442, Sec. 10; MCLA 15.240; MSA 4.1801(10). It is my opinion, therefore, that a public body is not required to disclose both the questions and the answers of a sheriff's promotional test unless the public body finds that it is in the public interest to disclose both the test questions and answers. Frank J. Kelley Attorney General
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