Posted on Jun 16, 1992 in Formal Opinions

Opinion Letter No. 92-05
June 16, 1992
Document Reviews by Commission on Persons With Disabilities

Document Reviews prepared by the Commission on Persons With Disabilities should be made available for public inspection and copying under the UIPA. The Document Reviews contain the Commission’s comments and recommendations concerning the compliance of State and county agencies’ construction plans with the Uniform Federal Accessibility Standards (UFAS). The opinion concluded that no UIPA exception applied to the Document Reviews even though these records might be relevant in litigation against agencies brought under the UFAS. Specifically, the Document Reviews do not constitute inter-agency memoranda protected under the UIPA’s “frustration of a legitimate government function” exception because their disclosure would not chill the free exchange of ideas between the Commission and agencies.

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