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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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