Open Records Decision No. 248
August 28, 1980

	Re:  Whether memoranda considered by a city staff study group are public under 
the Open Records Act

Honorable Lee E. Holt
Attorney
City of Dallas
City Hall
Dallas, Texas  75201

Dear Mr. Holt:

	You have requested our decision as to whether a draft of a municipal ordinance 
and resolution prepared by a city staff study group are available to the public under the 
Open Records Act, article 6252-17a, V.T.C.S.

	The information in question consists of one document titled “Draft of Emergency 
Ordinance Restricting the Size of Parking Structures Within the Far North Dallas Study 
Area and a One Mile Radius Thereof,” and another titled “Draft of Resolution Declaring 
the Policy of the Dallas City Council Regarding the Rezoning of Land Within the Far 
North Dallas Study Area and a One Mile Radius Thereof.”  You state that the two 
proposals were drafted for discussion purposes only among members of a group 
consisting of city staff members involved in certain aspects of urban planning until final 
drafts are prepared and submitted to the City Council.

	Section 3(a)(6) of the Open Records Act excepts “drafts and working papers 
involved in the preparation of proposed legislation.”  In Open Records Decision No. 140 
(1976), this office held that information disclosing property appraisals was not excepted 
under section 3(a)(6) because it was basically factual and did not reflect “policy 
judgments, recommendations or proposals.”  In Open Records Decision No. 197 (1978), 
the scope of section 3(a)(6) was elaborated further:

	This exception was not intended to except basic factual 
information from public disclosure . . . .  Even if section 3(a)(6) can 
apply to a school board, there is no indication how this information 
constitutes a draft or working paper involved in the preparation of 
proposed legislation.

	The documents at issue in the present request, unlike the information in Open 
Records Decision Nos. 140 and 197, are not primarily factual.  They reflect policy 
judgments, recommendations and proposals.  They were prepared for purposes of 
discussion, with the contemplation that they will ultimately be presented to the City 
Council.  In our opinion, these documents are well within the ambit of section 3(a)(6).  It 
is therefore our decision that drafts of a municipal ordinance and resolution prepared by 
the staff of the Far North Dallas Study Group are excepted from disclosure by section 
3(a)(6) of the Open Records Act.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

C. Robert Heath, Chairman
Jon Bible
Rick Gilpin
Bruce Youngblood