U Memo 18-1Posted on Oct 13, 2017 in Informal Opinions - UIPA Opinions
U Memo 18-1
October 13, 2017
Adequacy of Search for Records and
Agency Not Required to Create Compilation
Requester sought access to all written correspondence between the Southern Poverty Law Center (SPLC) and the Department of Education (DOE) regarding a $250 stipend offered by SPLC in relation to the “Teaching Tolerance” training that occurred in 2014, and related records. DOE provided evidence to support its assertion that it maintains no records responsive to this request. OIP found that DOE’s explanation of its search for responsive records showed that it was a reasonable search which resulted in no responsive records being found. Therefore, DOE’s assertion that it does not maintain responsive records was proper.
Requester also sought the names of the DOE schools where SPLC’s “Teaching Tolerance” materials are currently being utilized. DOE informed Requester that this information was not “readily retrievable.” DOE provided evidence that it properly responded to this request and that the information sought is indeed not readily retrievable. DOE therefore has no further obligations under the UIPA regarding Requester’s request.