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Request By:

Mr. Michael McIntyre,
Executive Director
Lexington-Fayette Urban County Human Rights Commission
162 East Main St.
Lexington, Kentucky 40507

Opinion

Opinion By: Frederic J. Cowan, Attorney General; Gerard R. Gerhard, Assistant Attorney General

By letter of April 10, 1989, Mr. Richard C. Stephenson, Esq., has appealed what he indicated was the failure of the Lexington-Fayette Urban County Human Rights Commission to respond to a request, under Open Records provisions, to inspect certain of its records.

FINDINGS IN BRIEF

Where the Lexington-Fayette Urban County Human Rights Commission failed to make a response in accordance with KRS 61.880, to a request to inspect certain of its records, it failed to act consistent with provisions of KRS 61.870 to 61.884.

FACTUAL BACKGROUND

By letter of March 28, 1988, Mr. Richard C. Stephenson, on behalf of International Business Machines Corporation, asked to inspect and copy all files of the agency regarding HRC Charge Nos. 05-86-137 and 12-86-028.

Copies of correspondence accompanying the request to this office, to review alleged lack of agency response to the request, indicate the agency made no response, of the character required by KRS 61.880, to Mr. Stephenson's March 28, 1988 request.

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(1) 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 Lexington-Fayette Urban County Human Rights Commission did not respond in the manner called for by KRS 61.880, to the March 28, 1988 request of the Richard C. Stephenson, Esq., to inspect and copy records regarding HRC Charge Nos. 05-86-137 and 12-86-028, held by the agency. Accordingly, the agency did not act consistent with the provisions of KRS 61.870 to 61.874.

The Lexington-Fayette Urban County Human Rights Commission should promptly advise Mr. Stephenson, in writing, when the records in question may be inspected. If any records are withheld from inspection, such withholding must be explained in a manner substantially consistent with KRS 61.880(1). There must be a specification of records withheld, together with a citation of the specific exception, from among those in KRS 61.878, relied upon in denying inspection. There must also be a brief explanation of how an exception relied upon relates to particular records withheld. A copy of any denial should be forwarded to the Attorney General's Office.

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. Richard C. Stephenson, Esq.

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:
1989 Ky. AG LEXIS 63
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