Request By:
Mr. Stephen T. McMurtry
Assistant City Solicitor
906 City-County Building
Covington, Kentucky 41011
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
Mr. Wilfrid A. Schroder, attorney, has appealed to the Attorney General under KRS 61.880 your denial of inspection of a public record in your custody. The record is described as a complaint concerning housing code violations on property located at 201 and 203 West Sixth Street, Covington, Kentucky. In response to Mr. Schroder's request to inspect the record you responded by letter dated February 17, 1981 stating the following:
"The City is willing to give your client a copy of the Complaint without the names of complaining witnesses. Please let me know if this will be sufficient."
By letter dated February 25, 1981, Mr. Schroder responded to you that he and his client, Gary Parrott, did not find your offer acceptable.
OPINION OF THE ATTORNEY GENERAL
Since your response to Mr. Schroder did not cite any statutory exemption for the described record and did not state any reason for the described record in its entirety being withheld from Mr. Schroder's inspection, the Attorney General is left with no choice but to give his opinion that you have not complied with the Open Records Law, KRS 61.870-61.884, in regard to Mr. Schroder's open record request.
It is our opinion that you should make the entire record available for inspection by Mr. Schroder and the public immediately. We know of no exemption in KRS 61.878 which would apply to such a record.
If you disagree with this opinion, you may seek declaratory or injunctive relief in the Circuit Court within 30 days. A copy of this opinion is being sent to Mr. Schroder as directed by statute.