96-ORD-229 | KOGC

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 City of Louisville properly relied on KRS 61.878(1)(j) in withholding the September 2, 1994, memorandum from Christina Heavrin to Alderman Barbara Gregg. We have examined that record pursuant to KRS 61.880(2)(c), and find that it falls squarely within the parameters of the cited exemptions, in its entirety, as a preliminary memorandum in which opinions are expressed. We believe that 96-ORD-66, a copy of which is attached hereto, and incorporated by reference, and OAG 88-85 cited therein, are controlling. Because we find that KRS 61.878(1)(j) authorizes nondisclosure of the disputed record, we do not address the applicability of KRS 878(1)(i) or (l) to that record.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary

The decision finds that the City of Louisville correctly applied KRS 61.878(1)(j) to withhold a memorandum as it was a preliminary document expressing opinions. The decision follows the precedent set by 96-ORD-066 and references OAG 88-85 to support its conclusion. The decision does not explore other potential exemptions as the applicability of KRS 61.878(1)(j) was deemed sufficient to justify nondisclosure.

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