Request By:
F.C. Bryan
Attorney
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. Joe Lamb, editor of The Morehead News, has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request to inspect a letter sent on the behalf of the Morehead State University (MSU) board of regents by Dr. Morris L. Norfleet, president of MSU to Dr. Bill Booth, head of the MSU art department. Specifically, Mr. Lamb indicates that this letter describes charges against Dr. Booth which were outlined in an executive session of the MSU board of regents. Pursuant to these charges, Dr. Norfleet recommended to the board that Dr. Booth be demoted from his position as head of the art department and the board scheduled a formal hearing at Dr. Booth's option.
Specifically, your oral denial stated that the letter is a private communication and therefore not open to public inspection.
OPINION OF THE ATTORNEY GENERAL
First, KRS 61.880(1) requires a written response within three days of the request notifying the requester of your decision. If the decision is to deny the request, a statement of the specific exemption authorizing the denial and an explanation as to how the exemption applies is required. Further, a copy of this denial shall be forwarded to the Attorney General.
Second, it is the opinion of the Attorney General that your denial of inspection was proper under Open Records law pursuant to KRS 61.878(1)(a) and (g).
KRS 61.878(1)(a) exempts from public inspection (except upon court order)
Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
A letter written to Dr. Booth by MSU president Dr. Norfleet on behalf of the board of regents containing charges against Dr. Booth is thus protected against an unwarranted invasion of Dr. Booth's privacy. The public's right to know in this instance is not outweighed by Dr. Booth's right to privacy. This is especially true since Dr. Booth may invoke the option of having a private hearing on this matter, instead of a public hearing.
The letter is also exempt under KRS 61.878(1)(g) as
Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency.
The letter from Dr. Norfleet, although on behalf of the MSU board of regents, is correspondence with a private individual which does not give notice of a final action by the board. Thus, it remains exempt from public inspection.
Therefore, it is the opinion of this office that your denial of inspection of the letter from Dr. Norfleet to Dr. Booth was proper under the Open Records law. KRS 61.878(1)(a) exempts the letter as a protection against an invasion of personal privacy. KRS 61.878(1)(g) exempts the letter as correspondence with a private individual which is not intended to give notice of a final agency action.
As directed by statute, a copy of this opinion is being sent to the requester who may initiate further proceedings under KRS 61.880.