Request By:
Senator Doug Moseley
P.O. Box 365
Columbia, Kentucky 42728
Opinion
Opinion By: Robert F. Stephens, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
You have requested an opinion of the Attorney General as to whether budget and financial allowances made to the president of the University of Kentucky are open to public inspection under the Kentucky Open Records Law. You particularly inquire as to the following items:
"Salary
Annuities purchased for fiscal year 1976-77
Entertainment funds or allowances, fiscal year 1976-77
Housing provisions
Chauffeur, Maid, Butler, Vallet services
General travel provisions (ie) Automobile assignment
State Police Services
Food allowances, monetary and/or food stuffs
Special or other travel provisions: ATHLETIC EVENTS, guest number allowances and expenditures, monetary allowances and expenditures
Access to State airplanes
Liquor Allowances
Stocks or shares of stock purchased for him other than annuities
Paid Club Memberships
Insurance provisions or allowances
Pension or retirement benefit provisions or allowances. "
The Open Records Law, KRS 61.870 to 61.884 applies to the records in existence of a public agency. An agency is not required to create new documents, such as making a breakdown of a budget allowance which has not already been made. We therefore can express no opinion about each of the items listed above.
To answer your question generally, we observe that the University of Kentucky is a "public agency" under the Open Records statute and other statutes. The statutes pertaining particularly to the University of Kentucky are KRS 164.100 to 164.280. There is nothing in these statutes granting the university special immunity from the Open Records Law. *
We note the following statutes pertaining to financial matters of the University of Kentucky.
KRS 164.220 (2) and (3):
"The board of trustees shall provide the compensation for all positions created and filled by the board. In addition thereto the board may provide for employe retirement benefits and such other employe benefits as are related to the respective employments and services rendered.
(3) The board of trustees may establish and maintain such retirement plan or plans as it may deem to be for the best intersts of the University of Kentucky, including, but without limitation the retirement ages, the benefits of such employes including group insurance, annuities, establishment of a trust fund or funds; and, the amounts to be paid or contributed by such employes and the amounts to be paid or contributed by the University of Kentucky and other appropriate terms and provisions with respect thereto.
KRS 164.280 Treasurer of university:
"The treasurer of the university shall keep an itemized account of receipts and expenditures, and shall pay out no money except on authorization of the board of trustees, given directly or through its executive committee. He shall render to the executive committee monthly statements of receipts and expenditures, and amount on hand, and a full detailed statement, with vouchers, for the information and action of the board of trustees at its regular annual meeting, and at other periods when required."
The treasurer's reports to the executive committee and all of the treasurer's records are subject to the Open Records Law.
In summary, it is our opinion that the records pertaining to the salary, expense allowances and employe benefits of the employes of the University of Kentucky are public records subject to public inspection.
Footnotes
Footnotes
* 164.283 makes confidential all student academic records in state supported institutions of higher learning.