Request By:
Ms. JoAnn Orick
Office of Communications
Jefferson County Public Schools
3332 Newburg Road
Louisville, Kentucky 40218
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas C. Jacobs, Deputy Attorney General
Under the provisions of KRS 61.880, Orion Broadcasting, Inc. has appealed to the Attorney General through their attorney, Mr. Rucker Todd, the denial of inspection of a public record in your custody. The record is described as "A memorandum dated November 18, 1977, from Ron Barber, then Associate Superintendent for Personnel, to Superintendent Ernest Grayson."
Thank you for sending us the subject document at our request.
Upon inspection of the above named document, it is the opinion of the Attorney General that subject document is exempt from mandatory public disclosure under the Open Records Law, KRS 61.878(1)(h): "preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended."
It is therefore our opinion that you were legally permitted to deny inspection of subject document. As directed by KRS 61.880(2) , we are sending a copy of this opinion to the requester, who is entitled to challenge it in court.