January 22, 1997

In re: Pam Rose/Kentucky Labor Cabinet

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 Labor Cabinet properly relied on KRS 61.878(1)(j) in denying Pam Rose's request for the preliminary work notes and memoranda contained in the occupational safety and health discrimination investigative file involving Ms. Rose and Tri-County Baptist Hospital. We believe that OAG 92-90, and the authorities cited therein, are controlling. A copy of OAG 92-90 is attached hereto, and incorporated by reference. We therefore find that the Kentucky Labor Cabinet did not violate the Open Records Act in partially denying Ms. Rose's request.

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.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

Pam Rose

5315 Brookswood Road

Crestwood KY 40014

Margaret Goodlett Miles

Kentucky Labor Cabinet

1047 U. S. 127 South, Suite 4

Frankfort KY 40601