Request By:
Mr. Frank Willey
Acting Executive Director
Office of Personnel Management
Cabinet for Human Resources
275 West Main Street
Frankfort, Kentucky 40621
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Gerard R. Gerhard, Assistant Attorney General
Frank Willey, Acting Executive DirectorOffice of Personnel Management275 East Main Street 4th. FloorFrankfort, Kentucky 40621
DATE 06-13-89
TO: Name of State Agency
I request to inspect the following document(s): 1. Copy of the Cabinet For Huam Resources and Department For Employment Services Appointment and Promotion Selection Report for the period 07-01-88 thru 12-31-88. 2. Under Section VI (A) of the Department For Employment Services Affirmative Action Plan dated April 24, 1989, a copy of the Department Quarterly Reports for the 3rd. qtr. 1988, 4th. qtr. 1988 and the 1st. qtr. 1989. 3. Under Section IV (D) of the Cabinet For Human Resources Affirmative Action Plan a copy of the Department For Employment Services Semi-Annual Reports for the calendar year 1988.
Number of copies of each document requested @ 10 a page: one (1) copy each. Enclosed $ Check [] Money Order [] Cash []
Please advise me of the total number of pages so that appropriate compensation can be made.
Company Department For Employment Services
Address 300 South Upper Street Lexington, Ky. 40508
Phone 606-255-0704
DISPOSITION
The following disposition was made of the above request:
Signature of Custodian
Agency
Amount Received
Date
By letter of June 13, 1989, Mr. Lee A. Jackson has appealed what he indicates is the failure of your agency to respond to his June 13, 1989 request to inspect certain records related to the Affirmative Action program of the Cabinet for Human Resources.
FINDINGS IN BRIEF
The Office of Personnel Management failed to act consistent with provisions of KRS 61.870 to 61.884 if it failed to respond in accordance with KRS 61.880 to a request to inspect public records.
FACTUAL BACKGROUND
By request dated June 13, 1989, Mr. Lee A. Jackson asked to inspect: (1) A copy of the Cabinet for Human Resources and Department for Employment Services Appointment and Promotion Selection Report for the period 07-01-88 thru 12-31-88. (2) Under Section VI(A) of the Department for Employment Services Affirmative Action Plan dated April 24, 1989, a copy of the Department Quarterly Reports for the 3rd. qtr. 1988, 4th qtr. 1988 and the 1st. qtr. 1989. (3) Under Section IV(D) of the Cabinet for Human Resources Affirmative Action Plan a copy of the Department for Employment Services Semi-Annual Reports for the calendar year 1988.
During a telephone conversation with Mr. Jackson on September 27, 1989, Mr. Jackson indicated he had received no response from the cabinet regarding his request of June 13, 1989 (above).
OPINION OF THE ATTORNEY GENERAL
KRS 61.880(2) provides in part for the Attorney General to, upon request of one denied inspection of public records, issue a written opinion stating whether an agency ". . . acted consistent with provisions of KRS 61.870 to 61.884."
KRS 61.880 provides, in substance and in part, that a public agency, upon receiving a request to inspect public records, shall determine within three working days whether to comply with the request. The agency is to notify the requester, within that three day period of its decision.
If an agency denies, in whole or in part, inspection of a record, its response must include a statement of the specific exception, among those set forth in KRS 61.878, authorizing withholding of the record, together with a brief explanation of how the exception applies to the record withheld.
A copy of the written response denying inspection is to be forwarded immediately by the agency to the Attorney General.
In the instant situation the agency apparently did not respond to Mr. Jackson's August 22, 1989 request to inspect records. Accordingly, the agency did not act consistent with the provisions of KRS 61.870 to 61.884, and with particularity KRS 61.880.
Your agency should promptly notify Mr. Jackson regarding the time and place where he may inspect the records described in his June 13, 1989 request (copy attached). Alternatively, the agency may simply supply copies of the records in question to Mr. Jackson.
Your agency may have a right pursuant to KRS 61.880(5) to appeal the findings of this opinion.
As required by statute, a copy of this opinion is being sent to Mr. Lee A. Jackson.