Request By:
Mr. Nate Durham
Department of Finance
Division of Purchases
New Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Carl Miller, Assistant Attorney General
Mr. Larry Cleveland, attorney, has appealed to the Attorney General under KRS 61.880 your denial of inspection of certain records in your custody. The records are described as follows:
"The papers and other documentary materials in your possession regarding bids submitted to your office for para-shuttle buses with lifts, being the same bidding project upon which Ambulance Sales-Ambulance Service, Inc. of Indianapolis, Indiana submitted a bid. "
Mr. Cleveland made a written request to you to inspect the described records by letter dated June 9, 1980. You responded to the request by letter dated June 16, 1980, and denied the request for inspection because "the bid is being evaluated by the buyer and during this phase of procurement such records are not available."
Under the provisions of KRS 61.880, it is the duty of the Attorney General when an appeal is made to him concerning the denial of inspection of a public record to issue an opinion as to whether the record was properly withheld from inspection. Accordingly, we have reviewed this matter and issue the following opinion.
OPINION OF THE ATTORNEY GENERAL
Under KRS 61.880(1) when a public agency receives a written request to inspect a public record it is required to either make the record available for inspection or respond in writing within three days stating why inspection is being denied. The response should state the exception in KRS 61.878 which is relied on and a brief explanation as to how the exception applies to the record withheld. Your response failed to comply with these statutory requirements and with Department of Finance regulations. 200 KAR 1:020.
There is no statute making bids which have been opened on a public project exempt from the Open Records requirement. On the contrary, KRS 45A.080(4) provided as follows:
"Bids shall be opened publicly at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and be open to public inspection. "
Even without the Open Records Law bidding documents are open to public inspection after the bids have been opened. It is therefore our opinion that you have improperly denied Mr. Cleveland access to the described records under KRS 61.870-61.884 and under KRS 45A.080.
As provided by statute, a copy of this opinion will be sent to the requester. Under the provisions of KRS 61.880(5), your agency may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court overruling this opinion.