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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 the Kentucky Labor Cabinet properly relied upon KRS 61.878(1)(i) and (j) and KRS 338.101(1)(a) in partially denying the open records request of W. Scott Montross for a copy of the entire investigative file relating to United Mineral, UMI-LLC Report No. S0037/022-302747910. 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. Montross' 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.

W. Scott MontrossTownsend & Montross230 East Ohio StreetIndianapolis, IN 46204-2149

Margaret Goodlett MilesParalegalLabor Cabinet1047 US Hwy. 127 S., Ste 4Frankfort, KY 40601-4381

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
W. Scott Montross
Agency:
Kentucky Labor Cabinet
Type:
Open Records Decision
Lexis Citation:
2001 Ky. AG LEXIS 181
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