Request By:
Mr. C. William Schmidt
Assistant Secretary
Kentucky State Board of Medical Licensure
3532 Ephraim McDowell Drive
Louisville, Kentucky 40205
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
The Courier Journal and Times Company appealed to the Attorney General under KRS 61.880 the denial by the Kentucky State Board of Medical Licensure of the inspection of certain records described as "all correspondence and memoranda having to do with the granting of a medical license in Kentucky to Dr. Marilyn Moody." At our request the records in question were sent to us in order that we could form and issue an opinion as directed by statute. Mr. J. Fox DeMoisey attorney for the Kentucky State Board of Licensure, sent us the records and a letter setting forth the reasons for denying access to the records and the statutory exemptions relied on. Mr. DeMoisey cites KRS 61.878(1)(a) and (g) as the provisions which he believes authorizes denying inspection of the records. They read as follows:
"(a) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
"(g) Preliminary drafts, notes, correspondence between private individuals, other than correspondence which is intended to give notice of final action of a public agency."
After reviewing the records, we agree with Mr. DeMoisey that the exemptions he cites apply to many of the papers included in the described records. We believe that exemption (h) also applies to some of the records:
"(h) Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended. "
Mr. DeMoisey states: "The final orders are permitted to be given to anyone who so inquires."
We find that all of the papers in the described records are either correspondence with private individuals or are preliminary recommendations and preliminary memoranda in which opinions are expressed or policies recommended except an order of the Board dated November 18, 1977, and an order dated February 6, 1979. It is our opinion that these two orders are the only documents which the Board is required to make available for inspection.
The requester is being notified of our opinion by being sent a copy thereof.