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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: A. B. CHANDLER III, ATTORNEY GENERAL; AMYE L. BENSENHAVER, ASSISTANT ATTORNEY GENERAL

OPEN RECORDS DECISION

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the University of Kentucky properly relied on KRS 61.878(1)(a), (i), and (j) in partially denying Lexington Herald-Leader medical writer Jim Warren's February 6, 1996, request to inspect various records relating to Dr. Byron A. Young, chairman of the University Medical Center's Department of Surgery. Most of the documents which the University originally withheld having since been released, we confine our review to the two as yet undisclosed reports entitled "Preliminary Report Containing Staff and Faculty Comments Relating to the Department of Surgery Unit Head." 1

We believe that 94-ORD-132, and the authorities cited therein, are controlling. A copy of 94-ORD-132 is attached hereto, and incorporated by reference. It is the opinion of this office that the University of Kentucky properly withheld the two reports.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.

Footnotes

Footnotes

LLM Summary
The Attorney General's decision supports the University of Kentucky's partial denial of a records request regarding reports containing staff and faculty comments about a department head, based on specific exemptions in KRS 61.878. The decision follows the precedent set by 94-ORD-132, which is cited as controlling authority.
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.
Requested By:
The Lexington Herald-Leader
Agency:
University of Kentucky
Type:
Open Records Decision
Lexis Citation:
1996 Ky. AG LEXIS 209
Cites:
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