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Request By:

Major Bobby Stallins
Official Custodian
Kentucky State Police
Frankfort, Kentucky 40601

Opinion

Opinion By: Steven L. Beshear, Attorney General; By: Carl Miller, Assistant Attorney General

Ms. Lonnie Rosenwald, a reporter for The Louisville Times, has appealed to the Attorney General pursuant to KRS 61.880 your denial of her request to inspect a public record in your custody. The record is described as a memorandum from State Police Detective Joe Cahoon to Lt. Colonel Don Powers regarding an investigation of an airplane landing at Murray, Kentucky. You denied the request by letter dated June 4, 1982 stating as the reason for the denial KRS 61.878(1)(h) which exempts from the mandatory requirement of public inspection "preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended."

At our request you sent us a copy of the described record. Pursuant to KRS 61.880(2) we have reviewed the record and will continue to keep it confidential.

OPINION OF THE ATTORNEY GENERAL

We find the described record to be a report made by a state detective to his superior officer and in the nature of an intra-office memorandum, a preliminary memorandum in which opinions are expressed along with a report of actions taken during an investigation of an incident. Records of such a nature are not mandatorily required to be made available for public inspection.

We do not believe that it is the legislative intent of the Open Records Law, KRS 61.870-61.884, to inhibit the free communication between a public employee and his superior by mandating that every preliminary memorandum will eventually become public. In OAG 80-289 we said: "Records which are preliminary in nature when they are created do not lose their exempt status after final action is taken based upon the preliminary recommendations. They continue to be preliminary records." This is all the more true if the preliminary memorandum expresses opinions and recommendations of the writer.

It is the opinion of the Attorney General that you acted in compliance with the Open Records Law in denying inspection of the described record.

As directed by statute, we are sending a copy of this opinion to the requester who has the right to challenge it in court.

LLM Summary
The decision by the Attorney General supports the Kentucky State Police's denial of a public records request for a memorandum regarding an investigation. The memorandum is considered a preliminary document containing opinions and recommendations, and thus not mandatorily available for public inspection according to the Open Records Law. The decision follows the precedent set in OAG 80-289, which states that preliminary records maintain their exempt status even after final actions are taken based on them.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Open Records Decision
Lexis Citation:
1982 Ky. AG LEXIS 308
Cites:
Forward Citations:
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