In a 2015 state by state analysis of the public's right of access to police disciplinary records by WNYC, a public radio affiliate, Kentucky is identified as one of 18 states in which the public has a "limited" right of access.

"Police disciplinary records are public in Kentucky but subject to a general privacy exemption in KRS § 61.878(1)(a). Police departments may provide heavily redacted records that list disciplinary actions but exclude details about complaints, investigations, and findings. The Kentucky Attorney General's Office has affirmed in 03-ORD-213 and numerous other Open Records Decisions that disciplinary records for on-the-job misconduct should be treated as open records."

Respectfully, the greatest statutory impediment to public access to police disciplinary records in Kentucky is not the personal privacy exception, KRS 61.878(1)(a), but a stubborn misapplication of the preliminary documents exceptions, KRS 61.878(1)(i) and (j) by state and local law enforcement agencies.

The courts expressly rejected agency reliance on the privacy exception to deny access to police disciplinary records in Palmer v Driggers, declaring:

"We believe *the complaint against Palmer presents a matter of unique public interest*. At the time of the complaint, Palmer was an Owensboro police officer, who was sworn to protect the public.

"The complaint charged specific acts of misconduct by Palmer while he was on duty. Since the question of the disclosure of the details of this alleged misconduct is the reason for this appeal, we will generally describe the alleged misconduct as Palmer neglecting his duty to the public by having an inappropriate relationship with another police officer while on duty.

"We believe *the public has a legitimate interest in knowing the underlying basis for a disciplinary charge against a police officer who has been charged with misconduct* under KRS 95.450.

"While the allegations of misconduct by Palmer are of a personal nature, we hold that the public disclosure of the complaint would not constitute a clearly unwarranted invasion of Palmer's personal privacy."

https://caselaw.findlaw.com/ky-court-of-appeals/1125917.html

Notwithstanding cases dating back to 1983, and as recent as 2020 — affirming the public's right of access to 1) complaints against officers, 2) final actions taken against officers (including the decision to take no action), and 3) investigative records adopted as the basis of final action — law enforcement agencies continue to resist disclosure of investigative records.

In the referenced 2020 published opinion, the Court of Appeals observed:

"IA [Internal Affairs] files do not maintain an indefinite preliminary status. The OAG and the circuit court correctly determined that KSP cannot rely on KRS 61.878(1)(i) and (j) as its basis for withholding the entirety of TFC Woodside's IA investigative files.

However, that same statutory authority does provide KSP with a limited authority to withhold portions of the IA file concerning any disciplinary recommendations or opinions not relied upon by the Commissioner in his final decision.

"We affirm the circuit court's finding that the analysis of documents under KORA does not end once the documents have been classified under the preliminary exception.

"We also affirm the finding that records containing the opinions and recommendations pertaining to discipline that were not relied upon by the Commissioner in the 2012 investigation can be properly withheld by KSP."

https://law.justia.com/cases/kentucky/court-of-appeals/2020/2017-ca-000…

It is, of course, these investigative records that contain investigative findings and recommendations, and verify the thoroughness and fairness of the investigation as well as whether the discipline imposed (or not imposed) is commensurate with the allegations.

Regardless of how any elected or appointed official views the law — whatever his or her personal bias — the law is settled in Kentucky. Police disciplinary records are publicly accessible when final action is taken.

But be warned. As recently as 2019, a bill was introduced that would have excluded police disciplinary files from public access.

https://www.courier-journal.com/story/news/2019/01/07/kentucky-bill-lim…

The bill was withdrawn under pressure but could return in a future legislative session. Like other attempts to dilute the public's rights under the open records law, any such future efforts must be defeated.