Request By:
Mr. A. J. Anderson, Director
Division of Unemployment Insurance
Cabinet for Human Resources
Commonwealth of Kentucky
Frankfort, Kentucky 40621
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Grant Winston, Assistant Attorney General
Dr. John Bianchi requested an opinion of this office by letter of 14 December 1989, as to your denial of his Open Records Act request made to the Division of Unemployment Insurance. It is the opinion of this office for the reasons set forth below that your agency's denial was consistent with the provisions of KRS 61.870 to 61.884, the Open Records Law.
Dr. Bianchi's request was made by letter to you dated 7 December 1989. He requested records pertaining to two unemployment insurance claims made against his employer's account. In particular he asked for: "All notes, memoranda, interoffice communication, investigative reports and records of telephone conversations" pertaining to one claim, and a virtually identical request as to the other.
You responded to his request by letter to him dated 12 December 1989, denying his request because:
Your request for copies of notes, memoranda, inter-office communications and records of telephone conversations under the Open Records Law must be denied because such information is preliminary to final action this agency will take on your allegations in benefit claims filed by Kimberly Bowers Hall and Judy Head. The records you have requested are excluded from disclosure pursuant to KRS 61.878(1)(g) and (h), copies of which are enclosed.
The information he had requested was compiled by your agency during its investigation of the claimants' claims for unemployment insurance benefits against Dr. Bianchi's account. As products of that investigation they are clearly records which are preliminary to your agency's final decision on the claims, and are excepted from the disclosure requirements of the Open Records Act pursuant to the exceptions found at KRS 612.878(1)(g) and (h), cited by you to Dr. Bianchi. You also briefly explained to Dr. Bianchi why those records are exempt from disclosure, satisfying the requirement of KRS 61.880(1).
Again, it is the opinion of this office that your agency's denial was consistent with the provisions of KRS 61.870 to .884. If you or Dr. Bianchi disagree with this opinion you or he may institute proceedings within thirty days in the circuit court where the requested records are being kept, consistent with KRS 61.880(5). A copy of this opinion is being sent to Dr. John Bianchi, Route 1, Box 93, Baxter, Kentucky 40806, who requested it.