Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter comes to the Attorney General on appeal from the Kentucky Labor Cabinet's denial of an open records request by Tony Timmons to inspect and receive copies of the Cabinet's occupational safety and health investigative file relating to "the fatality accident that took place on 9/20/98, at 1705 North Dixie Highway, Elizabethtown, KY."
Margaret Goodlett Miles, Paralegal, responding on behalf of the Cabinet, informed Mr. Timmons that his request to see the investigative file was being denied. In her response, Ms. Miles stated:
This is in response to your request for inspection of records requesting copies from the above-referenced occupational safety and health investigative file.
The file is not releasable pursuant to KRS 61.878(1) (j), simply because the file is under submission by the compliance officer and not completed; therefore the file is considered to be preliminary in nature at this time. As soon as the file is completed and this agency has decided what action to take, the releasable copies will be available.
In his letter of appeal, Mr. Timmons asked this office to determine whether the denial of his request was consistent with provisions of the Open Records Act.
KRS 61.878(1)(j) exempts the following records from public inspection:
Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended.
It is the decision of this office that 95-ORD-100 and OAG 92-90, copies of which are enclosed, and are incorporated into this decision by reference, are controlling and dispositive of this appeal. The Kentucky Labor Cabinet properly relied upon KRS 61.878(1)(j) in denying Mr. Timmons's request for access to the investigative file which was preliminary in nature due to the fact that it was under submission by the compliance officer and no final action on the matter had yet been taken by the Cabinet.
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.