Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, 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 Office of Education Accountability did not violate the Open Records Act in denying William C. Voelker's April 11, 2003 request for copies of "all documentation concerning allegations against [Mr. Voelker] for which [he] met with OEA counsel April 10, 2003." OEA properly relied on KRS 7.410(3), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), 1 in denying Mr. Voelker access to "documentation concerning allegations" inasmuch as that documentation consisted of "records of the [OEA] relating to duties and responsibilities under [KRS 7.410](2) . . . ." Such records are privileged and confidential under the terms and conditions set forth in that provision, and as interpreted in 98-ORD-149, a copy of which is attached hereto and incorporated by reference. We therefore affirm OEA's disposition of Mr. Voelker's request.
Distributed to:
Brandon N. VoelkerShutt Mansion28 West Fifth StreetCovington, KY 41011-1453
Kenneth J. Henry, Ed.D.Office of Education AccountabilityCapitol Annex, Room 009Frankfort, KY 40601
W. Bryan Jones, General CounselOffice of Education AccountabilityCapitol Annex, Room 009Frankfort, KY 40601
Footnotes
Footnotes
1 KRS 61.878(1)(l) authorizes public agencies to withhold:
Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.