Letters of Reference

The Law

Letters of reference concerning employment, licensing or permits.

Commentary

This exception protects letters of reference an agency might obtain regarding applicants for employment, licenses or permits from public inspection. A reference necessarily consists of the author’s subjective opinion about the applicant and may not necessarily be based on fact. In addition, knowledge that his or her opinion about an applicant might be disclosed could deter a person from providing letters of reference or could chill a candid discussion of the applicant’s qualifications.

Example 8:
A developer applies to the city council for a permit to construct a supermarket in a mostly residential area. The council solicits references concerning the developer from other public bodies for which the developer had performed similar construction services. Mr. Doe, the town manager for a neighboring town, writes a letter to the council detailing his opinion that the developer did not adequately control cost overruns on a town project overseen by the developer. Mr. Roe, a resident of a neighborhood near the planned supermarket site, requests a copy of Mr. Doe’s letter. The city council properly refuses Mr. Roe’s request on the grounds that Mr. Doe’s letter is a letter of reference concerning a permit.