eat
‘intone
City of
Cooke Cn cma onic
City Attorney
Quality of Life for
May 27, 2016
Mr. Patrick Ande:
Argus Leader
200 $ Minnesota Avenue
Sioux Falls, SD $7104
Re: Public Records Request
Dear Mr, Anderson,
‘This letter is in response to your informal public records request to
the Mayor for a "memory file”. Your request is denied. The bases
for denial are as follows:
(a) The request includes correspondence and other materials
Which are exempt feom the public records law under SD\
1-27-1.5(12};
(b) The request includes attorney-client confidential
communications which are exempt from the public records
law under SDCL § 1-27-1.5(4) and privileged under SDCL ch,
19-3;
(6) The request includes internal agency records or information
which are exempt from the public records law under SDCL §
1-27-1,5(24); and
(a) The request includes ephemera that are not records,
In addition to the exemptions for specific items, release of this
collection of items ("memory file”) as a whole or even disclosure of
the types and order of the items in such memory file would reveal
the private thought processes and mental impressions of the
Mayor. The South Dakota public records law is not intended to
require public release of individual mental process at all, let alone &
compilation, such as would be involved here. For example theMr, Patrick Anderson
Page 2
May 27, 2016
decisional processes of public officials are exempt under SDCL § 1-27-1.9,
internal agency records are exempt under SDCL § 1-27-1.5(24), personal,
correspondence and records of public officials are exempt under SDCL § 1-
27-1,5(19), and records that would constitute an unreasonable release of
person information are exempt under SDCL § 1.27 1.623). Any documents
in this file that might otherwise be public would be available elsewhere
without revealing the context or importance afforded to such items by the
Mayor.
kSinnbut
Assistant City Attorney
DB/ar