Request By:
Honorable James L. Dickinson
Deputy General Counsel
Office of the Governor
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
Mr. William H. Tolliver has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request to inspect certain records in your possession as Deputy General Counsel in the Governor's Office. Specifically, Mr. Tolliver requested to inspect correspondence related to proposed changes in the Cotton Amendment (pertaining to outdoor billboard advertising) from May 1, 1982 through August 2, 1983 which may habe been submitted by Naegele Outdoor Advertising Company; Wyatt, Tarrant, and Combs; Sarah Walters; Sara Gross; and Ray Hatfield.
Your denial stated that the files pertaining to Naegele Outdoor Advertising contain three letters from Sarah Walters with respect to the matter in question. Your denial of inspection was based on KRS 61.878(1)(g), which exempts from public inspection correspondence with a private individual which was not intended to give notice of final action of a public agency. You further state that the letters were informative in nature.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that your denial of inspection was proper pursuant to the Kentucky Open Records law.
Under the Kentucky Open Records law, the correspondence requested to be inspected is a public record prepared, possessed or retained by a public agency. KRS 61.870(1), (2). It is therefore open to public inspection unless exempted pursuant to KRS 61.878.
KRS 61.878(1)(g) exempts from public inspection
Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency. (Emphasis added.)
The statute is clear in exempting correspondence with private individuals which does not give notice of a final agency action. The only correspondence pertaining to outdoor (billboard) advertising in the Naegele Outdoor Advertising Company file, according to you, is three letters from Sarah Walters. These letters are clearly exempted under the above statute.
Therefore, it is the opinion of this office that your denial of public inspection of the correspondence pertaining to outdoor (billboard) advertising with private individuals in the Naegele Outdoor Advertising Company file was proper under Kentucky Open Records law, KRS 61.878(1)(g).
As directed by statute, a copy of this opinion is being sent to the requester, who may initiate further proceedings pursuant to KRS 61.880.