Request By:
Addie D. Stokley
Commissioner
Department of Personnel
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
In your letter of December 9, 1976, you ask that this office reconsider and modify OAG 76-604. In that opinion we stated that centralized criminal history records of the Bureau of State Police could not be opened to public inspection under KRS 17.110-17.157. More specifically we stated that a prospective employer requesting a criminal history check of the centralized criminal history records could not be accommodated and that the Kentucky Department of Personnel would have to be treated as any other employer.
You take exception to that part of our opinion holding that the Kentucky Department of Personnel must be treated as any other employer and point out that KRS 61.878(4) reads as follows:
"(4) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government function."
We think your point is well taken especially in light of the provision of the centralized criminal record law, KRS 17.150(5):
"(5) The provisions of KRS Chapter 61 dealing with administrative and judicial remedies for inspection of public records and penalties for violations thereof shall be applicable to this Act."
Since the Open Records Law mandates the sharing of information among departments of state government when the exchange is serving a legitimate governmental need and since the Criminal History Act incorporates the provisions of the Open Records Law, we believe that you are correct in saying that the Kentucky Department of Personnel should not be treated as every other employer. We further believe that a criminal history check through the centralized criminal records of prospective state employees is in the interest of the public and serves a legitimate governmental need.
OAG 76-604 is hereby modified to the extent that it is the opinion of the Attorney General that the Bureau of State Police should provide a criminal history check on prospective state employees at the request of the Department of Personnel.