Open Records Decision No. 334
December 21, 1982

	Re:  Memoranda relating to absence of Odessa police officers from municipal 
court proceedings

Mr. Joel V. Roberts
Odessa City Attorney
P. O. Box 4398
Odessa, Texas  79760

Dear Mr. Roberts:

	You have asked for a decision under the Open Records Act, article 6252-17a, 
V.T.C.S.  The relevant facts are as follows.

	On July 15, 1982, a local newspaper asked the city of Odessa to release “any 
information the City may have relating to the absence of Odessa police officers from any 
trials or other proceedings involving their presence in Municipal Court.”  Specifically, 
the newspaper requested all notes, reports, or city memoranda written by the office of the 
city attorney, the city manager, the municipal court, the police department, or any other 
applicable agency.

	On July 21, the city sent the following documents to the newspaper's managing 
editor:  a report containing data on the appearance of police officers in the municipal 
court; three memoranda describing approved policies and procedures for resolving the 
problem; and a letter restating a telephone interview given to a newspaper reporter.  The 
city declined, however, to provide two memoranda prepared by the municipal court clerk 
and sent to the acting city manager and to the police chief.  You contend that these 
memoranda are excepted from required disclosure under section 3(a)(11) of the Open 
Records Act, which excepts “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.”

	This office has held on numerous occasions that section 3(a)(11) only permits the 
withholding of advice, opinions and recommendations contained in inter-agency or intra-
agency memoranda.  Open Records Decision Nos. 315, 308 (1982); 273 (1981).  This 
position was recently affirmed in Austin v. City of San Antonio, 630 S.W.2d 391, 394 
(Tex. App. - San Antonio 1982, writ ref'd n.r.e.), where the court, citing Open Records 
Decision No. 222 (1979), stated:

	The exception contained in section 3(a)(11) is intended to 
protect from public disclosure advice and opinions on policy matters 
and to encourage frank and open discussion within the agency in 
connection with its decision-making processes.

	We have carefully examined the two memoranda in question.  Certain portions of 
both memoranda may be characterized as advice, opinion and recommendation, but some 
portions may not.  We have marked those portions which fit in this category and may 
therefore be withheld.  The remainder of the two memoranda should be released.

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 Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

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