Request By:
Ms. Pauline Smith
Executive Director
Martin County Housing Agency
Route 40
Warfield, Kentucky 41267
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
Mr. Joseph A. Szakos has appealed to the Attorney General under KRS 61.880 your failure to allow inspection of certain records in your custody belonging to the Martin County Housing Agency. The records are described as follows:
"(1) Personnel policies and job descriptions for all employees;
(2) Employee attendance records, including days present, sick leave, vacation, leave of absence, and other days excused and unexcused;
(3) The monthly rent receipts (or a cancelled check verifying payment) for the agency office;
(4) Cancelled checks of all payments made to Connie Smith for services rendered;
(5) A list of all houses rehabilitated under the Section 407 programs;
(6) A list of all trailers relocated under agency programs;
(7) The cancelled checks for the salaries of all employees during November, 1980; and,
(8) All expense vouchers for all employees for 1980."
By letter dated December 23, 1980, you responded to Mr. Szakos "that all requests for information must be cleared with the U.S. Department of Housing and Urban Development Area Council" and "we will be back in touch with you as soon as the information has been cleared with the HUD Area Council."
OPINION OF THE ATTORNEY GENERAL
It is our opinion that the response you gave to Mr. Szakos on his request to inspect the above described records does not conform with the Kentucky Open Records Law, KRS 61,870-61.884. You cited no state or federal statute authorizing the denial or delaying the inspection of the records. The description of the records on its face suggests no reason why any of the records would be exempt from inspection under the exceptions provided in KRS 61.778.
It is our opinion, therefore, that you have improperly denied or delayed the inspection of the above described records under the Open Records Law.
A copy of this opinion is being sent to the requester as directed by KRS 61.880(2).