Request By:
Mr. Larry Harper
Superintendent
McCracken County Schools
260 Bleich Road
Paducah, Kentucky 42001
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Gerard R. Gerhard, Assistant Attorney General
By letter of February 21, 1989, Glenda Engler, of Paducah, Kentucky, has appealed the apparent failure of the McCracken County Schools to permit her, in connection with her written request of February 9, 1989, to copy certain records and inspect others held by the school system.
Ms. Engler's appeal is based upon KRS 61.880, which provides, in substance, for appeals to the Attorney General's Office of denial of inspection or copying of public records.
Ms. Engler's letter of appeal indicates that she tendered a written request to the McCracken County Board of Education on February 9, 1989. She asked to inspect minutes of special meetings of the Board of Education ("New Board"), and certain certain Visa Card charge receipts (April, May and June of 1988), and to make copies of same.
According to Ms. Engler's letter to the Attorney General's Office, Assistant Superintendent Tilford Underwood permitted her to inspect minutes of special meetings, but refused to permit copying of them. Further, Ms. Engler indicates Mr. Underwood denied her request to inspect the Visa Card charges set forth in her request.
OPINION OF THE ATTORNEY GENERAL
Pursuant to KRS 61.872, all public records (which would include those of a publicly funded school system such as the McCracken County Board of Education) "shall be open for inspection by any person, except as otherwise provided. . . ." Further, upon inspection, an applicant is to have the right to make abstracts and to obtain copies of all written public records. KRS 61.874.
Under Kentucky law regarding public records, the only exceptions to the general right of citizens to inspect and copy public records are those founded upon exceptions set out in KRS 61.878. None of the exceptions would exclude from inspection and copying, the type of records Ms. Engler requested.
Upon inspection, copying of the minutes of special meetings of the McCracken County School Board must be permitted. KRS 61.874(1). A reasonable fee, not exceeding the cost thereof, can be imposed for the copies. KRS 61.874(2).
Inspection of the Visa charges must also be permitted as they do not fall within any of the exceptions set forth in KRS 61.878. A portion of the Visa Card account number could be masked to prevent improper use of the card number.
KRS 61.880 requires that an agency determine within three working days whether to permit or deny a request to inspect public records, and notify the requester. If there is a denial, a brief explanation in terms of the statutory exception on which it is based is to be provided. Further, a copy of a written response denying inspection is to be forwarded to the Attorney General's Office.
The McCracken County Schools failed to act consistent with Kentucky's Open Records Laws to the extent that, (1) copying of records upon inspection was not permitted as required by KRS 61.874(1). Further, the McCracken County Schools failed to act consistent with Kentucky's Open Records Laws by denying inspection of certain records without written notice to the requester and the Attorney General's Office consistent with KRS 61.880(1) and (2).
During my recent telephone conversation with you, you indicated you were unaware that copying of the Minutes had not been permitted. You also expressed uncertainty about whether the Visa Card charges should released, although, you said, media representatives had been allowed to inspect them. You also indicated you would either provide copies of the records in question to Ms. Engler, or permit her to inspect and copy them.
Ms. Engler has advised me that copies of the records she sought to inspect have now been provided by your office.
A copy of the Kentucky's Open Records Statutes is enclosed for your information.