Request By:
Honorable John P. Godfrey
Office of the Counsel
Cabinet for Human Resources
Frankfort, Kentucky 40621
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
Mr. Richard S. Cleary has appealed to the Attorney General pursuant to KRS 61.880 a denial of his request to inspect certain records in the custody of the Cabinet for Human Resources. Apparently the Kentucky Bureau for Manpower Services made referrals to Graphic Impressions, Inc., through the WHAS Job-A-Thon, a one-time program. In making these referrals, the Manpower Service Office secured a job order form from Graphic Impressions, Inc., for the purpose of a state employment service program. Referrals were then made to Graphic Impressions, Inc. Mr. Cleary requested to inspect the job order form secured from Graphic Impressions, Inc., any and all documents relating to Marcelle Miles and Graphic Impressions, Inc., and any and all documentation on other Graphic Impressions, Inc., job applicants.
Former Commissioner for Manpower Services Robert E. Spillman denied Mr. Cleary's request based on KRS 61.878(1)(i) which exempts from public inspection those records the disclosure of which is prohibited by federal law or regulation. Mr. Spillman relied on 20 C.F.R. 602.18(a).
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that your denial was proper under the Open Records law.
KRS 61.878(1)(i) exempts from public inspection (except upon court order) those records the disclosure of which is prohibited by federal law or regulation. The release of records maintained by the Bureau for Manpower Services is subject to the United States Employment Service policies, 20 C.F.R. 602 et seq. 20 C.F.R. 602.18 provides:
"Each State agency shall:
(a) Assure that all information contained in the records of the State employment service and secured from workers, employers or other persons or groups as an incident to the State public employment service program, is used solely for the purpose of administering the State system of public employment offices as part of a national system of public employment offices, except that such information may be disclosed for other purposes in accordance with policies promulgated by the Administrator to assure that such disclosures will not impede the operation of or be inconsistent with the purposes of the public employment service program."
20 C.F.R. 604.16 further delineates the policies of the United States Employment Service concerning disclosure of employment service files and records. Basically, disclosure is granted to individual applicants and employers for employment service functions, and to state and federal officers and employees for administrative purposes.
However, public disclosure is only allowed for general information concerning employment opportunities, levels, and trends. This information cannot include information identifying individual applicants, employers, or employing establishments. 20 C.F.R. 602.16(e). Therefore, the job order form from Graphic Impressions, Inc., secured by the Bureau for Manpower Services, cannot be publicly disclosed as it identifies a specific employer. Additionally, the application of Marcelle Miles and other applicants referred to Graphic Impressions, Inc., cannot be publicly disclosed as they also identify specific applicants.
20 C.F.R. 604.16(a) does provide that individual applicants may have access to employment service files and records to the extent necessary for efficient performance of recruitment, placement, counseling, or other employment service functions. Mr. Cleary, as Marcelle Miles' attorney, indicates that Mr. Miles has filed a lawsuit in the United States District Court for the Western District of Kentucky at Louisville alleging discrimination. This lawsuit does not appear to be a reason for disclosure anticipated by 20 C.F.R. 604.16(a).
It is therefore the opinion of the Attorney General that your denial of inspection of the records requested by Mr. Cleary was proper under the Open Records law, KRS 61.878(1)(i), 20 C.F.R. 602.18(a), 604.16(e).