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Request By:

Mr. Jim Malone
Staff Writer
Mt. Sterling Advocate
Mt. Sterling, Kentucky 40353

Opinion

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

Your question is: "May the Mayor of a fourth class city legally withhold results of polygraph tests administered to personnel employed by the city police department when a city councilman wants to examine the data?"

We consider your question to be an open records question to be answered under KRS 61.870-61.884. In passing, we will note that the results of polygraph tests have not been considered sufficiently reliable to be admitted as evidence in court. Conley v. Commonwealth, Ky., 382 S.W.2d 865 (1964); Edwards v. Commonwealth, Ky., 573 S.W.2d 640 (1978).

If a city sees fit to request an applicant for employment to take a polygraph test, the applicant takes the test and is employed by the city, the report of the results of the test is a public record subject to public inspection by any person. KRS 61.872. A polygraph test report is a "public record" as defined in KRS 61.870(2).

A city councilman would have the same standing to inspect a public record as any other person. The mayor does not have the authority to countermand the requirements of the Open Records Law.

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 122
Forward Citations:
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