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 13, 1989, Mr. William L. Davis, Esq., has appealed what he indicates is the failure of your agency to respond to his March 21, 1989 request, under Open Records Provisions, to inspect certain of your agency's 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 21, 1989, Mr. William L. Davis asked to inspect the investigative file concerning the Donna Brown Housing Discrimination Complaint against Parkway Plaza, et al, HRC No. 06-88-0223, HUD No. 04-88-0492-1.
The Lexington-Fayette Urban County Human Rights Commission apparently made no response to Mr. Davis' 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."
In the instant case, the Lexington-Fayette Urban County Human Rights Commission failed to act consistent with the provisions of KRS 61.870 to 61.884, by failing to respond in keeping with KRS 61.880 to a request to inspect certain of its records.
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.
The Lexington-Fayette Urban County Human Rights Commission should promptly advise Mr. Davis, 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 William L. Davis, Esq.