Request By:
Mr. Ron Hager, Superintendent
Floyd County Board of Education
Prestonsburg, Kentucky 41653
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Gerard R. Gerhard, Assistant Attorney General
By letter of November 12, 1989, Ms. Susan Allen, of the Floyd County Journal, has appealed regarding what she indicates were statements of your secretary, and Russell Frazier, that no records of the Board of Education could be viewed until you returned on November 20, 1989. Ms. Allen's request to inspect certain records of the Floyd County Board of Education was apparently tendered on November 9, 1989.
KRS 61.880(2) provides, in part, for the Attorney General to, upon request of one denied inspection of public records, issue a written opinion stating whether an agency ". . . acted consistent with provisions of KRS 61.870 to 61.884." [Emphasis added.]
FINDINGS IN BRIEF
The Floyd County Board of Education acted consistent with Open Records provisions (KRS 61.870 to 61.884) in promptly responding in writing to a request to inspect public records. However, the Board appears to have violated KRS 61.835, in delaying inspection of minutes of certain Board meetings until the return of the Superintendent, several working days after receipt of a request to inspect minutes of certain Board meetings. The Attorney General recommends institution of a procedure to allow inspection of records even in the absence of the Superintendent.
FACTUAL BACKGROUND
By letter of November 9, 1989, addressed to Ron Hager Superintendent, Floyd County Board of Education, Ms. Susan Allen of the Floyd County Journal indicated:
Under the provisions of the Kentucky Open Records Law, I am requesting to inspect minutes of regular and special Floyd County School Board meetings from January 1989 until October 1989. I request to inspect any and all attached lists and attachments, i.e. bids, hiring lists, bills + claims, contracts, invoices, policys, orders etc., concerning those board meetings.
Ms. Allen indicated by letter of November 12, 1989 that her request was denied and the reason was given that you would be out of town until November 20, 1989. Ms. Allen's letter of November 12, 1989 to this office indicates she was advised by your secretary that you had left instructions that no records could be viewed or copied until you were present. Ms. Allen's letter indicates further that Russell Frazier, whom Ms. Allen indicated was acting in your absence, said the Board's attorney, had said the records could not be viewed until your return.
During a telephone conversation with Ms. Allen on the afternoon of December 5, 1989, she indicated she had received a written response from the Board of Education on November 13, 1989, indicating records she had asked to inspect could be inspected on November 20, 1989.
OPINION OF THE ATTORNEY GENERAL
KRS 61.880(1) provides, in substance and in part, that a public agency, upon receiving a request to inspect public records, shall determine within three working days whether to comply with the request. The agency is to notify the requester, within that three day period, of its decision.
If an agency denies, in whole or in part, inspection of a record, its response must include a statement of the specific exception, among those set forth in KRS 61.878, authorizing withholding of the record, together with a brief explanation of how the exception applies to the record withheld.
A copy of the written response denying inspection is to be forwarded immediately by the agency to the Attorney General. KRS 61.880(2).
In the instant case, your agency promptly responded in writing to a request to inspect records held by the agency, indicating when certain records could be inspected. Such response was consistent with KRS 61.870 to 61.884.
While the Floyd County Board of Education acted consistent with Open Records provisions (KRS 61.870 to 61.884) in promptly responding in writing to a request to inspect the Board's records, a specific statute outside the Open Records statutes, KRS 61.835, governs inspection of meeting minutes. Such statute requires, in part, that meeting minutes be available for public inspection ". . . at reasonable times no later than immediately following the next meeting of the body." Certain of the minutes Ms. Allen sought to inspect would appear to fall within the parameters of KRS 61.835, such that delaying inspection of those minutes pending your return would violate KRS 61.835. We suggest that the Floyd County Board of Education institute a procedure to permit inspection of records even during periods of your absence.
The Floyd County Board of Education, and Ms. Susan Allen, may have a right pursuant to KRS 61.880(5), to appeal the findings of this opinion.
As required by statute, a copy of this opinion is being sent to Ms. Susan Allen.