Open Records Decision No. 310
March 24, 1982

	Re:  Whether newsletters from city manager to city council of city of Wylie are 
available under the Open Records Act

Mr. Lee S. Vickers
City Manager
City of Wylie
P. O. Box 207
Wylie, Texas  75098

Dear Mr. Vickers:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether weekly “newsletters” from the city manager to members of the 
city council of the city of Wylie are available to the public.  A typical “newsletter” 
consists of observations, comments and recommendations by the city manager.  It is 
distributed only to the mayor and city council members.  You suggest that portions of the 
newsletters might be withheld from disclosure under sections 3(a)(2), (3), (4), (5), (6) 
and (11), which except:

	(2)	information in personnel files, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy; 
provided, however, that all information in personnel files of an 
individual employee within a governmental body is to be made 
available to that individual employee or his designated 
representative as is public information under this Act;

	(3)	information relating to litigation of a criminal or civil 
nature and settlement negotiations, to which the state or political 
subdivision is, or may be, a party, or to which an officer or 
employee of the state or political subdivision, as a consequence of 
his office or employment, is or may be a party, that the attorney 
general or the respective attorneys of the various political 
subdivisions has determined should be withheld from public 
inspection;

	(4)	information which, if released, would give advantage to 
competitors or bidders;

	(5)	information pertaining to the location of real or personal 
property for public purposes prior to public announcement of the 
project, and information pertaining to appraisals or purchase price of 
real or personal property for public purposes prior to the formal 
award of contracts therefor;

	(6)	drafts and working papers involved in the preparation of 
proposed legislation;

	. . . .

	(11)	inter-agency or intra-agency memorandums or letters 
which would not be available by law to a party other than one in 
litigation with the agency;

	Section 3(a)(5) excepts information pertaining to negotiations for the acquisition 
of real or personal property, so long as the transaction has not been completed.  Open 
Records Decision No. 234 (1980).  See also Open Records Decision Nos. 291 (1981); 
222 (1979).  We have marked a portion of the newsletter of April 17, 1981, which may 
be withheld under section 3(a)(5).  You may withhold similar information from other 
newsletters, but it must be emphasized that, when a transaction described in a newsletter 
has been completed, all factual information related thereto becomes available to the 
public unless it is excepted by another provision of section 3(a).  Open Records Decision 
No. 234 (1980).

	Section 3(a)(11) is applicable to the extent that information in the newsletters 
consists of the advice, opinions or recommendations of the city manager.  See Open 
Records Decision Nos. 295, 293, 287 (1981).  To assist you in determining which 
portions of the newsletters are excepted by section 3(a)(11), we have marked those parts 
of the April 3, 10, 17, 24 and May 1 newsletters which may be withheld thereunder.  
None of the other exceptions you have invoked appear to be applicable to information in 
the newsletters.  Accordingly, except for information which you deem to be excepted by 
sections 3(a)(5) and 3(a)(11), based upon the standards we have indicated, the 
newsletters from the city manager to the mayor and city council are available to the 
public.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger