NOT TO BE PUBLISHED
96-ORD-145
June 24, 1996
In re: The Lexington Herald-Leader/University of Kentucky
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 University of Kentucky properly relied on KRS 61.878(1)(a), (i), and (j) in partially denying Lexington Herald-Leader medical writer Jim Warren's February 6, 1996, request to inspect various records relating to Dr. Byron A. Young, chairman of the University Medical Center's Department of Surgery. Most of the documents which the University originally withheld having since been released, we confine our review to the two as yet undisclosed reports entitled “Preliminary Report Containing Staff and Faculty Comments Relating to the Department of Surgery Unit Head.” [1]
We believe that 94-ORD-132, and the authorities cited therein, are controlling. A copy of 94-ORD-132 is attached hereto, and incorporated by reference. It is the opinion of this office that the University of Kentucky properly withheld the two reports.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court. 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.
A. B. CHANDLER III
ATTORNEY GENERAL
AMYE L. BENSENHAVER
ASSISTANT ATTORNEY GENERAL
aps/397
Enclosure
Distributed to:
George J. DeBin
Official Custodian of Records
Lexington Herald-Leader
100 Midland Avenue
Lexington KY 40508
Thomas W. Miller
Miller, Griffin & Marks
Suite 700 Security Trust Building
271 West Short Street
Lexington KY 40507-1292
James K. Warren
Medical Writer
Lexington Herald-Leader
100 Midland Avenue
Lexington KY 40508
Paul C. Van Booven
Associate General Counsel
Office of Legal Counsel
University of Kentucky
2 Administration Building
Lexington KY 40506-0032
[1] Pursuant to 40 KAR 1:030 Section 6, if the requested records are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter.