Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This question 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 Urban County Government Division of Police properly relied on KRS 15.400(3), incorporated into the Open Records Law by operation of KRS 61.878(1)(l), in denying Benjamin Paul Greer's request to inspect the "background investigation results" related to his application for employment with the Division of Police. We find that 00-ORD-118, a copy of which is attached hereto and incorporated by reference, is controlling. As noted at page 5 of that decision:
The confidentiality provision located at KRS 15.400(3) extends to any "background investigation, medical investigation, psychological examination, and polygraph examination conducted pursuant to this statute," meaning investigations and examinations conducted on both successful and unsuccessful applicants.
(Emphasis added.) On this basis, we affirm the denial of Mr. Greer'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 proceedings.