U Memo 17-6

Posted on Jun 30, 2017 in Informal Opinions - UIPA Opinions

U Memo 17-6
June 30, 2017
Adequacy of Search for
Inmate Transfer Records

Requester, an inmate, sought a decision as whether the Department of Public Safety (PSD) properly denied a request to access two “Internal Memorandum” (IM) documents related to Requester’s transfers between correctional centers on August 25, 2009, and October 18, 2012.

PSD claimed it did not maintain any records for either of the inmate transfers and therefore was unable to disclose any transfer records.  The UIPA applies only to existing records maintained by an agency.  However, Requester successfully refuted PSD’s assertion that no records existed for the 2012 transfer.  As a result, PSD must conduct another search for any records documenting Requester’s 2009 transfer.

The October 2012 IM should be disclosed to Requester under Part III of the UIPA because the IM is the personal record of Requester, who is the subject of the IM.  The IM is also a joint personal record of the other inmate who was transferred with Requester, the three Adult Corrections Officers (ACO) who handled the transfer, and the ACO who prepared the IM.  As none of the exceptions under Part III of the UIPA are applicable, the entire IM must be disclosed to Requester.