Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky Department of Labor did not violate the Open Records Act in partially denying Christopher R. Jenkins' February 6, 2006, request for a copy of "any and all documents pertaining to the investigation of the July 25, 2005 incident involving William Gordon Gilliam." It is the decision of this office that 05-ORD-168, a copy of which is attached hereto and incorporated by reference, is dispositive of the issues on this appeal by Theresa Gilbert on behalf of Mr. Jenkins. At page 4 of that decision, this office concluded that the Department, formerly known as the Kentucky Labor Cabinet, properly relied upon KRS 61.878(1)(i) and (j) in withholding the preliminary work notes and correspondence with private individuals contained in the occupational safety and health investigative file and memoranda containing opinions and recommendations related to the investigation and properly redacted information identifying employees contacted pursuant to KRS 338.101(1)(a), incorporated into the Open Records Act by operation of KRS 61.878(1)(l).
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.