Request By:
Mr. Daniel F. Egbers
Managing Attorney
Department of Personnel
Capitol Annex
Frankfort, Kentucky 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Amye B. Majors, Assistant Attorney General
Mr. Robert B. Padgett, Chairperson of the Kentucky Coalition of State Employee Organizations, has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request for access to the ". . . addresses of state employees who have joined the Coalition via payroll deduction."
In response to Mr. Padgett's request, you cited KRS 61.878(1)(a) and an opinion of this Office, OAG 76-717. You acknowledge that although the law does not compel you to withhold the requested information, your Department has adopted a policy of denying inspection of home addresses of state employees.
In his letter of appeal to this Office, Mr. Padgett states that it is his belief that the Department has misapplied OAG 76-717 insofar as the request for state employee home addresses in that opinion was submitted by a commercial enterprise to be used for target mailings. Mr. Padgett maintains that the Coalition ". . . is not a third party commercial interest desiring the list only to further some for-profit sales scheme." He further notes that the Department has taken an inconsistent position with regard to state employee social security numbers by releasing them to the Coalition. He asks, therefore, that we review the denial of his request.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that the Department of Personnel properly withheld the requested information. Among the public records which may be withheld from inspection are those described in KRS 61.878(1)(a) as "Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy." This Office has consistently stated that although the public is entitled to know the name, position, work station, and salary of a public employee, that employee is entitled to privacy in his personal life and off-duty activities. OAG 76-717; OAG 87-37; OAG 87-84. This right to privacy extends to the public employee's home address. OAG 76-717; OAG 79-275; OAG 84-51; OAG 84-166; OAG 87-37; OAG 89-90; OAG 90-60. As we observed in OAG 87-37;
While the public has a right to know about that which is related to the governmental employee's public and work related activities, his home address normally would be unrelated to his official job activities.
Accordingly, the Department may adopt a policy prohibiting disclosure of home addresses.
We have previously suggested other avenues of communication by which the requesting party may contact state employees. The Coalition can correspond with them at their work addresses, or in the alternative, it can announce its intention to mail materials to state employees at their home addresses if those employees wish to voluntarily furnish their addresses to it. OAG 87-37.
You correctly note, in your letter of denial, that the exemptions contained in Open Records Law "are a shield and not a shackle." OAG 79-275. You cannot be penalized for releasing exempted documents, such as social security numbers. You may, however, invoke an exception if your agency wishes to maintain a uniform policy with regard to records that are exempt under the statute, such as home addresses.
It is the opinion of this Office that the Department of Personnel may adopt a policy prohibiting disclosure of home addresses and that your actions were consistent with the Open Records Law.
As required by statute, a copy of this opinion will be sent to the requesting party, Mr. Bob Padgett, who has a right to challenge it in the appropriate circuit court pursuant to KRS 61.880(5).