Request By:
Mr. Nat Ryan Hughes
Hughes, Gregory & Haverstock
204 South Sixth Street
Murray, Kentucky 42071
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General extending OAG 80-308 in which we said that a member of the Murray Electric Plant Board can inspect the records of the Board but cannot require that lists of records be made for him which are not already in existence. You now inquire as to whether a member of the Common Council of the City of Murray would have the same rights and limitations.
Whether the person who requests to inspect records of the Plant Board is a member of the Plant Board, a member of the City Council or a member of the public generally, he has the same rights and limitations under the Kentucky Open Records Law, KRS 61.870-61.884, except that a member of the Plant Board and a member of the City Council are not subject to the exemptions listed in KRS 61.878.
Under KRS 96.172(9) the City Council has the power to remove from office upon a vote of a majority of the members of the Council any member of the Plant Board for inefficiency, neglect of duty, misfeasance, nonfeasance, or malfeasance in office. We believe, therefore, that a member of the City Council has the same right to inspect the records of the Board as does a member of the Plant Board.