Request By:
Ms. Carroll Roberts
Administrator
Kentucky State Board of Hairdressers
and Cosmetologists
304 West Liberty Street
Suite 300
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General regarding the request of Attorney Thomas L. Ray to inspect certain records of your agency. Mr. Ray's request specified fourteen items of records which he wants to inspect. You have singled out two items for our opinion, namely, No. 2 and No. 9.
Item No. 2 reads as follows:
"2. Copies of all calls for special meetings of the Board and the records indicating who was present at such special meetings, compensation and expenses paid to each Board member as a result of such meetings and notices given in accordance with KRS 61.825."
As you pointed out in your reply to Mr. Ray, the information concerning special meetings of the Board and who was present is included in the minutes which you have agreed to make available for Mr. Ray's inspection. The vouchers for compensating the expenses of the members who attended the meeting are also in your office and should be made available for inspection. We think that the inspection of the minutes and the vouchers will adequately comply with Item No. 2.
Item No. 9 reads as follows:
"9. Records for 1977 and 1978 which indicate the number, names and identification of those applying for instructor's licenses; the dates and results of their examinations and, those present in conducting the examinations with the results and the reasons for the results contained in such records."
It is the opinion of the Attorney General that the applications to take the examination for an instructor's license are exempt from public inspection under KRS 61.878(1)(g) which exempts correspondence with private individuals. The results of the examinations are exempt under KRS 61.878(1)(a) because such information is of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. However, records showing those who pass the examination and were issued an instructor's license would not be exempt.
Records showing the results of examinations and the reasons for the results are also exempt under KRS 61.878(1)(h). The reasons underlying official action are of the nature of preliminary recommendations and preliminary memoranda in which opinions are expressed. The final action of the Board in granting an instructor's license is a matter of public record subject to public inspection.