October 30, 1996

In re: R. Keith Cullinan/City of Louisville

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 City of Louisville properly relied on KRS 61.878(1)(j) in withholding the September 2, 1994, memorandum from Christina Heavrin to Alderman Barbara Gregg. We have examined that record pursuant to KRS 61.880(2)(c), and find that it falls squarely within the parameters of the cited exemptions, in its entirety, as a preliminary memorandum in which opinions are expressed. We believe that 96-ORD-66, a copy of which is attached hereto, and incorporated by reference, and OAG 88-85 cited therein, are controlling. Because we find that KRS 61.878(1)(j) authorizes nondisclosure of the disputed record, we do not address the applicability of KRS 878(1)(i) or (l) to that record.

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 KRS61.880(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.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

R. Keith Cullinan

1406 Browns Lane

Louisville KY 40207

Paul V. Guagliardo

Senior Attorney

Department of Law

City of Louisville

Room 200, City Hall

Louisville KY 40202-2771