Open Records Decision No. 388
July 6, 1983

	Re:  Whether records regarding appraisal methods for new car dealership are 
public information under the Open Records Act

Mr. John R. Marshall
Director/Chief Appraiser
Dallas County Appraisal District
2601 Live Oak
Dallas, Texas  75204

Dear Mr. Marshall:

	You have requested our decision as to whether materials regarding appraisal 
methods for automobiles and personal property are excepted from required public 
disclosure under the Open Records Act, article 6252-17a, V.T.C.S.  The materials consist 
of manuals or schedules employed in the appraisal of new automobiles, including unit 
price appraisals for all makes of new vehicle inventories, as well as unit price appraisals 
for used vehicle inventories.  Appraisal schedules for personal property, specifically 
office furniture, are also included.  You claim that such materials are excepted from 
public disclosure by section 3(a)(11) 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.

We disagree and conclude that such materials are open for public examination.

	You suggest that the requested materials constitute the opinions and mental 
processes of the appraisal district's employees, and that, because they are not final, but 
are subject to later modification, they fall within the section 3(a)(11) exception.  This 
office has repeatedly held that section 3(a)(11) excepts advice, opinion, and 
recommendation.  Open Records Decision No. 335, 334, (1982).  The section is designed 
to protect advice and opinion on policy matters and to encourage open and frank 
discussion regarding administrative action.  Open Records Decision Nos. 344, 335, 308 
(1982).  The requested materials consist of appraisal schedules, none of the materials 
which you submitted consist of advice, opinion, or recommendation.  They consist of 
arithmetical tables which appraisers employ in order to estimate value.  As a federal 
court declared when construing the Freedom of Information Act counterpart to section 
3(a)(11):

It generally has been accepted that exemption five incorporates the 
governmental privilege, developed in discovery cases, to protect 
documents containing advisory opinions and recommendations or 
reflecting deliberations comprising the process by which 
government policy is formulated. . . . [T]he courts have required 
disclosure of essentially factual material but allowed agencies to 
withhold documents which reveal their deliberative or policy-
making processes.

Mead Data Central, Inc. v. United States Department of the Air Force, 566 F.2d 242, 256 
(D.C. Cir. 1977).

	None of the requested material reflects “deliberations comprising the process by 
which government policy is formulated.”  Cf. Open Records Decision No. 342 (1982).  
We note that section 6(14) specifically makes open “administrative staff manuals and 
instructions to staff that affect a member of the public.”  We hold that the requested 
materials can fairly be denominated “administrative staff manuals and instructions to 
staff.”  We conclude that the requested material is not excepted from required public 
disclosure by section 3(a)(11).

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Jim Moellinger
Assistant Attorney General

Approved:
Opinion Committee

Rick Gilpin, Acting Chairman
Colin Carl
Jim Moellinger
Nancy Sutton
Bruce Youngblood