23-ORD-091
April 18, 2023
In re: Tay Robinson/Kentucky Board of Social Work
Summary: The Kentucky Board of Social Work (“Board”) violated the
Open Records Act (“the Act”) when it did not respond to a request to
inspect records. The Board did not violate the Act when it withheld
emails containing examination scores.
Open Records Decision
On March 14, 2023, Tay Robinson (“Appellant”) submitted a request to the
Board to inspect “any contracts, agreements, and communications between the
[Board] and the Association of Social Work Boards.” That same day, the Board
acknowledged receiving the request, but did not otherwise respond to it. After
receiving no further response from the Board by March 22, 2023, the Appellant
initiated this appeal.
Upon receiving a request to inspect records, a public agency must decide within
five business days whether to grant the request, or deny it and explain why. KRS
61.880(1). Here, the Board acknowledged it had received the Appellant’s request, but
neither granted nor denied it within five business days. Therefore, the Board violated
the Act when it did not fully respond to the Appellant’s request.
On appeal, the Board provides the Appellant with some responsive records, but
is withholding emails from the Association of Social Work Boards (“Association”) that
contain the scores of individuals who have taken the Association’s examination under
KRS 61.878(1)(a). That statute exempts from inspection “[p]ublic records containing
information of a personal nature where the public disclosure thereof would constitute
a clearly unwarranted invasion of personal privacy.” Id. In reviewing an agency’s
denial of an open records request based on the personal privacy exemption, the courts
and this Office balance the public’s right to know what is happening withingovernment against the personal privacy interest at stake in the record. See Zink v.
Commonwealth, Dep’t of Workers’ Claims, 902 S.W.2d 825, 828 (Ky. App. 1994). This
Office has consistently recognized the privacy interest in examination scores. See,
e.g., 06-ORD-145 (noting that the Attorney General “has long recognized a significant
privacy interest in transcripts, GPA, and test scores that is superior to any public
interest in disclosure previously articulated”). Therefore, the Board did not violate
the act when it withheld emails that contained examination scores.
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 within 30 days
from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall
be notified of any action in circuit court, but shall not be named as a party in that
action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#132
Distributed to:
Tay Robinson
Marc Kelly
Vanessa G. Jones