Request By:
Clarke Dunlap
Box 161
Chandler, Arizona 85224
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
You wrote the Attorney General on December 18, 1982 complaining that the Kentucky State Board of Medical Licensure had failed to comply with your request to inspect public records. We responded by letter dated January 3, 1983 stating that we could not give an opinion as to whether you were entitled to inspect the records because we did not have a description of the records. You have now sent us an affidavit dated January 17, 1983 in which you state that you desire to inspect eighteen categories of described records. We are not sure that you have given this request to the Board of Medical Licensure with the same description of the records you have in your affidavit but we will attempt to analyze your request and give our opinion.
We will refer to the requested categories of records by the numbers listed in your affidavit. (We are attaching a copy of the affidavit for reference).
OPINION OF THE ATTORNEY GENERAL
We find your itemized list of requested records to contain five types of records under the application of the Kentucky Open Records Law, KRS 61.870 to 61.884, to wit: Records the public is entitled to inspect, records you or your personally authorized representative are entitled to inspect, records which are exempt from mandatory public inspection because they are personal correspondence, investigative reports and minutes of an authorized closed session of a meeting of a public agency.
Records the public is entitled to inspect: The only item in your list which we believe the public generally is entitled to inspect is Item No. 5. It is correspondence between two public agencies, the Medical Center of the University of Kentucky and the Kentucky Board of Medical Licensure.
Items which you or your personally authorized representative may inspect: Items No. 2, 3, 10, 14 and 17. Under KRS 61.884 you are entitled to inspect records in which you are mentioned by name and which are not made exempt under KRS 61.878(1). The agency may find that some of the records in these items are exempt under that statute.
Items which are exempt as private correspondence under KRS 61.878(1)(g): Items 1, 4, 6, 8, 9 and 11.
Items which are exempt under KRS 61.878(1)(f) because they contain investigative reports: Items 12, 13, 15, 16 and 18.
Minutes of meetings: Minutes of open meetings are open to public inspection. Minutes of closed meetings may be withheld from public inspection. OAG 81-387.
The Board of Medical Licensure is not required to mail you copies of records which have not first been inspected and selected by you or your authorized representative. The Board is required by law to tell you when and where you may inspect the records which are not exempt. A copy of this opinion is being sent to the Board of Medical Licensure for their information.