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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.
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