94-19Posted on Oct 13, 1994 in Formal Opinions
Opinion Letter No. 94-19
October 13, 1994
PSD’s Policy Not Public
The OIP found that disclosure of a Department of Public Safety (PSD) policy would result in the frustration of a legitimate government function by rendering it operationally useless for its intended purpose, and because it would permit inmates to circumvent prison security measures. The policy is not an administrative rule relating to the transportation of inmates for court appearances, for community service, to other facilities, or to hospitals; it contained security measures to be followed by PSD employees.
In contrast, the OIP found that a PSD policy concerning the placement of inmates in protective custody would not result in the frustration of a legitimate government function. The opinion applied a two-part test established in a previous OIP opinion regarding the disclosure of PSD policies and procedures.