Request By:
Mr. Pete Grigsby, Jr.
Superintendent
Floyd County Schools
Floyd County Board of Education
Prestonsburg, Kentucky 41653
Opinion
Opinion By: David L. Armstrong, Attorney General; Thomas R. Emerson, Assistant Attorney General
Roger D. Johnson has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request to inspect various documents in your custody. He describes the documents in question as the certificates of various teachers and other professional school personnel required by KRS 161.020 to be filed with the Board of Education.
Mr. Johnson states that he is not requesting any home addresses, telephone numbers, social security numbers, teacher evaluation forms, transcripts or other personal information. He only wants to examine the certificates mentioned in the statute pertaining to Lonnie Slone, Wilbur Jamerson, Don Daniels, Susan Elaine Compton Newsome, David Hinchman and Denzil Halbert. He also wants to examine the certificates of any administrators presently employed by your board of education who are not certified for the positions they hold.
A written request to inspect the material in question was sent to you by Mr. Johnson by certified mail. You advised him in a letter dated July 16, 1985 that he should come by your office on July 18, 1985. Mr. Johnson states, however, that you orally refused to permit him to inspect the certificates and that he could not inspect the records until after a favorable ruling is made by this Office on the matter. You did not file a copy of a written denial of the request to inspect records with this Office so we do not know what constitutes your version of this matter.
OPINION OF THE ATTORNEY GENERAL
First of all, we direct your attention to KRS 61.880(1) and (2) providing in part that the written response of a public agency denying in whole or in part inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. Furthermore, a copy of the written response denying inspection of a public record shall be forwarded immediately by the public agency to the Attorney General. You did not comply with these statutory requirements.
Next, we direct your attention to KRS 161.020, subsections (1) and (2) which provide as follows:
"(1) No person shall be eligible to hold the position of superintendent, principal, teacher, supervisor, director of pupil personnel, or other public school position for which certificates may be issued, or receive salary for services rendered in such position, unless he holds a certificate of legal qualifications for such position.
"(2) No person shall enter upon the duties of a position requiring certification qualifications until his certificate has been filed or credentials registered with the board of education employing him."
The Open Records Act applies to public records of public agencies. A school district is specifically included in the definition of "public agency" set forth in KRS 61.870(1). The certificates required by KRS 161.020 are public records as that term is defined in KRS 61.870(2):
"'Public records' means all books, papers, maps, photographs, cards, tapes, discs, recordings or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency . . ."
The certificates in question are documents indicating that the persons possessing them are legally qualified to hold their positions with the school system. Not only must designated classes of persons within the school system secure such certificates but the law specifically requires that these certificates be filed with the board of education employing those persons. Furthermore, none of the exceptions to the Open Records Act are applicable to this situation except those applying to the release of information of a personal nature. KRS 61.878(1)(a).
In conclusion, it is the opinion of the Attorney General that your failure to state in writing the reasons for refusing to permit the requesting party to inspect the documents and to send a copy of the letter of denial to this Office were violations of the Open Records Law. Furthermore, it is the opinion of the Attorney General that your denial of the request to inspect the certificates required by KRS 161.020 to be filed with the Board of Education was improper under the Open Records Law except that information, if any, on the certificates of a personal nature such as social security numbers, home addresses and telephone numbers need not be released.
As required by statute a copy of this opinion is being sent to the requesting party. If you decide not to comply with this opinion you may initiate further proceedings pursuant to KRS 61.880(5).