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 Kentucky Labor Cabinet properly relied on KRS 61.878(1)(j) in denying Pam Rose's request for the preliminary work notes and memoranda contained in the occupational safety and health discrimination investigative file involving Ms. Rose and Tri-County Baptist Hospital. We believe that OAG 92-90, and the authorities cited therein, are controlling. A copy of OAG 92-90 is attached hereto, and incorporated by reference. We therefore find that the Kentucky Labor Cabinet did not violate the Open Records Act in partially denying Ms. Rose's request.
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 KRS 61.880(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.