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 Bernard Blau for a copy of the entire investigative file relating to Campbell Fire District # 2 Report No. S0098/009/00-303745129, KOSHRC No. 3493-00. 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-O RD-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. Blau'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.
Bernard Blau3699 Alexandria PikeCold Spring, KY 40176
Margaret Goodlett MilesParalegalLabor Cabinet1047 U.S. Hwy. 127 S., Ste 4Frankfort, KY 40601-4381