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 Lexington Fayette County Human Rights Commission properly relied on KRS 61.878(1)(i) and (j) in partially denying Kelly M. Kaiser's open records request for any and all documents that relate to Rose Rhodus or any charge filed by Ms. Rhodus against Fansteel V/R Wesson or any other charges filed with the agency. We believe that 98-ORD-168, and the authorities cited therein, is controlling on the issue of whether the Commission properly denied access to preliminary documents which were not incorporated in and made a part of the Executive Director's final determination. A copy of 98-ORD-168 is attached hereto and incorporated by reference. We find no error in the Lexington Fayette County Human Rights Commission partial denial of the instant 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.