Request By:
Dr. Morris L. Norfleet
President
Morehead State University
201 Howell-McDowell Ad. Bldg.
Morehead, Kentucky 40351
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
Mr. William B. Mains, attorney for Chris Spalding, has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request to inspect certain documents in your custody as President of Morehead State University. Specifically, Mr. Mains requested to inspect the following documents pertaining to the suspension of Mr. Spalding from Morehead State University for the 1983-84 academic year:
(1) The tape or transcript of the hearing which was held before the student disciplinary board on or about April 26, 1983, or any summaries made thereof. In the event there is a tape recording of the hearing, I request to be able to listen to the tape and/or be able to make a copy of it.
(2) All documents pertaining to his suspension from the University, including but not limited to the complaint or complaints filed against him, all written statements filed pursuant to the complaint as evidence or which otherwise were considered, and all written decisions and determinations rendered in his disciplinary proceeding, including any explanations of hearing procedures and rights thereunder.
(3) All other documents relating to other disciplinary proceedings or complaints involving Chris Spalding.
(4) Copies of all documents regarding the financial aid agreement or agreements entered into between the University and Chris Spalding, and all correspondence related thereto.
(5) The names, positions, and addresses of all persons who were on the disciplinary board which found that Chris Spalding should be suspended for the 1983-84 academic year; and all the documents pertaining to the selection and appointment of these persons to the board.
(6) A copy of the transcript of Chris Spalding as it relates to the classes he has taken while at the University and the grades received therefor.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that your denial of items (1), (3), (4), and (6) were improper under the Open Records law. Items (2) and (5) are partially exempted from inspection, but otherwise their denial was also improper.
Denial was improper pursuant to KRS 61.884 which provides
Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of KRS 61.878.
Since the only privacy involved in this instance is Mr. Spalding's, this statute provides him (and his properly authorized agent) with the right to see any record in which he is named, subject to the exemptions of KRS 61.878.
Regarding the disciplinary hearing, (item (1)), Mr. Spalding has the right to have a tape or transcript of any part of the proceedings which pertained to him. This is also applicable to other disciplinary documents in item (3).
Regarding the financial aid documents, (item (4)), Mr. Spalding has the right of access to these since they pertain to his financial status at the University.
Regarding the transcript containing Mr. Spalding's grades and classes, (item (6), Mr. Spalding has the right to inspect this document not only under KRS 61.884 but also KRS 164.283(2).
Item (2) concerning the documents pertaining to Mr. Spalding's suspension are open to inspection by Mr. Spalding, except documents which contain "preliminary drafts, notes, correspondence with private individuals" or "preliminary recommendations and . . . memoranda in which opinions are expressed or policies formulated or recommended." KRS 61.878(1)(g) and (h). These documents may be properly exempted from Mr. Spalding's inspection. Any complaints against Mr. Spalding are open to his inspection under KRS 61.884 and
City of Louisville v. The Courier-Journal and Louisville Times Co., Ky.App., 637 S.W.2d 658 (1982). Of course, any written decisions by the disciplinary board are open to Mr. Spalding's inspection.
Item (5) concerning the names, positions, and addresses of all the persons who were on the disciplinary board which found for Mr. Spalding's suspension for the 1983-84 academic year are also open to Mr. Spalding's inspection under KRS 61.835. However, the selection and appointment documents are exempt as "preliminary recommendations" . KRS 61.878(1)(h).
Therefore, it is the opinion of this office that your denial was improper. Mr. Spalding, or Mr. Mains, as his attorney, should be allowed pursuant to KRS 61.884 to inspect items (1) through (6), with the exceptions noted as to item (2), documents pertaining to Mr. Spalding's suspension which contain preliminary opinions or recommendations, and item (5), selection and appointment documents of the disciplinary board members which contain preliminary recommendations.
As provided by statute, a copy of this opinion is being sent to the requester. If you decide not to comply with this opinion, you may institute proceedings within thirty (30) days in circuit court for declaratory or injunctive relief. KRS 61.880(5).