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 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, in its March 10, 1999, open records response, properly relied on KRS 61.878(1)(h) in denying the request of Doyle Carnes, Jr., for copies of records from the Cabinet's occupational safety and health investigative file in Apex Construction Company, KOSHRC #3229-98, because the investigation was ongoing. We believe that OAG 89-90 and OAG 87-29, and the authorities cited therein, are controlling on the issue of preliminary release of information from investigative files prior to completion of the Cabinet's administrative adjudication. Copies of these opinions are attached hereto and incorporated by reference. We note that KRS 61.878(1)(f), cited in OAG 89-80 and OAG 87-29, has since then been recodified as KRS 61.878(1)(h). We find no error in the Labor Cabinet's denial of Mr. Carnes's request, under authority of KRS 61.878(1)(h).
By letter of October 4, 1999, the Cabinet advised this office that a final decision had been reached and all statutory releasable information was made available to Mr. Carnes. The Cabinet also provided this office with a copy of its October 4, 1999 letter to Mr. Carnes, which stated:
Information from the file is releasable and enclosed, with the exception of preliminary worknotes and correspondence with private individuals, the release of which is exempted pursuant to KRS 61.878(1)(i) and (j) to wit: correspondence with private individuals; and preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies recommended. Also any information identifying employees contacted and/or interview statements has been removed pursuant to KRS 338.101(1)(a).
We believe that OAG 92-90, and the authorities cited therein, is controlling on the issue of preliminary work notes and correspondence with private individuals, and that 92-ORD-1441, and the authorities cited therein, is controlling on the issue of employees contacted and interview statements. Copies of these opinions are attached hereto and incorporated by reference. We note that KRS 61.878(1)(g) and (h), cited in OAG 92-90 and 92-ORD-1441, have since then been recodified as KRS 61.878(1)(i) and (j). We find no error in the Labor Cabinet's partial denial of Mr. Carnes'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.