Request By:
Ms. Anthea M. Boarman
Executive Director
Lexington Fayette Urban County Human Rights Commission
207 North Upper Street
Lexington, Kentucky 40507
Opinion
Opinion By: Robert F. Stephens, Attorney General; John F. Zink, Assistant Attorney General
As the Executive Director of the Lexington Fayette Urban County Human Rights Commission, you have requested an opinion from this office regarding the validity of a denial by the Fayette County School Board to your request to inspect certain personnel records pursuant to the Open Records Act, KRS 61.870 to 61.884. Specifically, you have asked:
(1) Does the Open Records Act exempt personnel files from inspection and analysis by agencies charged with investigation and resolution of charges of discrimination?
(2) Does the Human Rights Commission fall under the provisions of KRS 61.878(4), so as to permit such inspection?
In answering your questions, it is first necessary to examine the provisions of the Open Records Act. KRS 61.870(1) defines "public agency" to specifically include "school district board." KRS 61.872 generally provides that the intent of the Open Records Act is to make all public records open for public inspection. KRS 61.878 provides for exceptions to the right of public inspection of the records of a public agency. And, KRS 61.880(2) provides that the public agency denying the requested inspection shall immediately forward to the Office of the Attorney General a copy of its written denial of inspection.
As mentioned above, the Open Records Act applies to all state agencies, including the Fayette School Board. The Open Records Act mandates that all public records shall be open to public inspection unless they are exempt under KRS 61.878. It is clear that pursuant to KRS 61.878(4), the school board must comply to your request for inspection. Subsection (4) of that section provides:
The provisions of this section (61.878) 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.
As the Human Rights Commission is another "public agency, " the provisions of KRS 61.878 which exclude certain public records from inspection would not apply in this case. Even if records are exempt from inspection by the public generally, they should be made available to public agencies for legitimate governmental purposes.
It is the opinion of this office that the denial of inspection by the Fayette School Board of personnel records was improper. [KRS 61.878(4)]. As such, the answer to your first question is No; the Open Records Act does not exempt personnel files from inspection and analysis by agencies charged with investigation and resolution of charges of discrimination. The answer to your second question is Yes; the Human Rights Commission comes within the scope of KRS 61.878(4). It is noted by this office that the Human Rights Commission is performing a legitimate governmental function pursuant to KRS 344.320(1).