Request By:
Mr. Charles Powell
Acting Executive Director
Lexington-Fayette Urban County Human Rights Comm.
162 East Main Street
Lexington, Kentucky 40507
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Nathan Goldman, Assistant Attorney General
Larry A. Sykes, Esq., has appealed to the Attorney General pursuant to KRS 61.880 your partial denial of his request to inspect various records.
Mr. Sykes' partner, Richard C. Stephenson, Esq., requested the complete investigatory files of Jackie King, Stella Stevens and Kimberly Weathers on December 20, 1988. By letter dated December 28, 1988, you responded that the file would be available for inspection in part. However, you denied inspection of certain documents based on KRS 61.878(f) and (i).
In his letter of appeal Mr. Sykes states that he is involved in a hearing relative to the investigative case file to which he is seeking complete access. He cites OAG 88-69 in support of his position.
OPINION OF THE ATTORNEY GENERAL
In OAG 88-69 we opined that the Lexington-Fayette Urban County Human Rights Commission could not withhold its investigative file from public inspection based on KRS 61.878(f) and (i). This situation presents identical facts. Consequently, we must follow our prior opinion and hold that the Commission's denial of the request to inspect the investigative files was improper.
As required by statute a copy of this opinion is being mailed to the appealing party, Larry A. Sykes, Esq. You have the right to challenge it in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.