Request By:
Mr. J. Rick Jones
Attorney
Department of Banking and Securities
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
Mr. Larry Cleveland, Attorney, has appealed on behalf of his clients, the organizers and incorporators of a proposed bank to be known as the Bank of Jessamine, your denial of his request to inspect certain public records in your custody. The records are described as follows:
"copies of all examination reports of the Farmers Bank, Nicholasville, Kentucky, for the years 1969 through 1976, and any examination reports of the North Middletown Deposit Bank which were prepared and filed by the Department's Examiners from April, 1979 to October, 1980."
You denied Mr. Cleveland's request to inspect the described records by letter dated March 27, 1981, basing your denial on KRS 61.878(b) and (j).
OPINION OF THE ATTORNEY GENERAL
It is our opinion that you acted within the provisions of the Kentucky Open Records Law, KRS 61.870-61.884, in denying inspection of the requested records under KRS 61.878(1)(j) which exempts "public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly." You cite two sections of KRS Chapter 287 which make bank examination reports confidential. The statute reads as follows:
"KRS 287.470(1) - No officer or employee of the department shall impart any information obtained by him by the examination, except so far as necessary in the performance of his official duty as provided by law.
"(2) The department may furnish to and exchange information and reports with officials and examiners of other properly authorized supervisory authorities, state or federal, including the Federal Deposit Corporation and the Reconstruction Finance Corporation.
"KRS 287.500 - Every official report concerning a bank or trust company made by the Commissioner of Banking and Securities, and every verified report of an examination, shall be prima facie evidence of the facts therein stated for all purposes in any action in which the bank or trust company is a party. Such reports shall not be made public except when required in proper legal proceedings."
The Open Records Law makes public records open for public inspection to all members of the public alike without regard to any special purpose or interest. On the other hand, when a person has a special purpose or interest in seeing a public record which is exempt from the general provisions of public inspection, he may apply to the courts under the rules of discovery.
In summary, it is the opinion of the Attorney General that you were authorized and required by the statutes to withhold the described records from public inspection.
A copy of this opinion is being sent to Mr. Cleveland as directed by statute.