2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.878 Certain public records exempted from inspection except on order of court -- Restriction of state employees to inspect personnel files prohibited.
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61.878 Certain public records exempted from inspection except on order of
court -- Restriction of state employees to inspect personnel files
prohibited.
(1)
The following public records are excluded from the application of KRS 61.870
to 61.884 and shall be subject to inspection only upon order of a court of
competent jurisdiction, except that no court shall authorize the inspection by
any party of any materials pertaining to civil litigation beyond that which is
provided by the Rules of Civil Procedure governing pretrial discovery:
(a) Public records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwarranted invasion
of personal privacy;
(b) Records confidentially disclosed to an agency and compiled and
maintained for scientific research. This exemption shall not, however,
apply to records the disclosure or publication of which is directed by
another statute;
(c) 1.
Upon and after July 15, 1992, records confidentially disclosed to an
agency or required by an agency to be disclosed to it, generally
recognized as confidential or proprietary, which if openly disclosed
would permit an unfair commercial advantage to competitors of the
entity that disclosed the records;
2.
Upon and after July 15, 1992, records confidentially disclosed to an
agency or required by an agency to be disclosed to it, generally
recognized as confidential or proprietary, which are compiled and
maintained:
a.
In conjunction with an application for or the administration of a
loan or grant;
b.
In conjunction with an application for or the administration of
assessments, incentives, inducements, and tax credits as
described in KRS Chapter 154;
c.
In conjunction with the regulation of commercial enterprise,
including mineral exploration records, unpatented, secret
commercially valuable plans, appliances, formulae, or
processes, which are used for the making, preparing,
compounding, treating, or processing of articles or materials
which are trade commodities obtained from a person; or
d.
For the grant or review of a license to do business.
3.
The exemptions provided for in subparagraphs 1. and 2. of this
paragraph shall not apply to records the disclosure or publication of
which is directed by another statute;
(d) Public records pertaining to a prospective location of a business or
industry where no previous public disclosure has been made of the
business' or industry's interest in locating in, relocating within or
expanding within the Commonwealth. This exemption shall not include
those records pertaining to application to agencies for permits or licenses
necessary to do business or to expand business operations within the
state, except as provided in paragraph (c) of this subsection;
(e)
Public records which are developed by an agency in conjunction with the
regulation or supervision of financial institutions, including but not limited
to, banks, savings and loan associations, and credit unions, which
disclose the agency's internal examining or audit criteria and related
analytical methods;
(f) The contents of real estate appraisals, engineering or feasibility estimates
and evaluations made by or for a public agency relative to acquisition of
property, until such time as all of the property has been acquired. The law
of eminent domain shall not be affected by this provision;
(g) Test questions, scoring keys, and other examination data used to
administer a licensing examination, examination for employment, or
academic examination before the exam is given or if it is to be given
again;
(h) Records of law enforcement agencies or agencies involved in
administrative adjudication that were compiled in the process of detecting
and investigating statutory or regulatory violations if the disclosure of the
information would harm the agency by revealing the identity of informants
not otherwise known or by premature release of information to be used in
a prospective law enforcement action or administrative adjudication.
Unless exempted by other provisions of KRS 61.870 to 61.884, public
records exempted under this provision shall be open after enforcement
action is completed or a decision is made to take no action; however,
records or information compiled and maintained by county attorneys or
Commonwealth's attorneys pertaining to criminal investigations or
criminal litigation shall be exempted from the provisions of KRS 61.870 to
61.884 and shall remain exempted after enforcement action, including
litigation, is completed or a decision is made to take no action. The
exemptions provided by this subsection shall not be used by the
custodian of the records to delay or impede the exercise of rights granted
by KRS 61.870 to 61.884;
(i) Preliminary drafts, notes, correspondence with private individuals, other
than correspondence which is intended to give notice of final action of a
public agency;
(j) Preliminary recommendations, and preliminary memoranda in which
opinions are expressed or policies formulated or recommended;
(k) All public records or information the disclosure of which is prohibited by
federal law or regulation;
(l) Public records or information the disclosure of which is prohibited or
restricted or otherwise made confidential by enactment of the General
Assembly;
(m) 1.
Public records the disclosure of which would have a reasonable
likelihood of threatening the public safety by exposing a vulnerability
in preventing, protecting against, mitigating, or responding to a
terrorist act and limited to:
a.
Criticality lists resulting from consequence assessments;
b.
Vulnerability assessments;
c.
d.
e.
f.
(n)
Antiterrorism protective measures and plans;
Counterterrorism measures and plans;
Security and response needs assessments;
Infrastructure records that expose a vulnerability referred to in
this subparagraph through the disclosure of the location,
configuration, or security of critical systems, including public
utility critical systems. These critical systems shall include but
not be limited to information technology, communication,
electrical, fire suppression, ventilation, water, wastewater,
sewage, and gas systems;
g.
The following records when their disclosure will expose a
vulnerability referred to in this subparagraph: detailed
drawings, schematics, maps, or specifications of structural
elements, floor plans, and operating, utility, or security systems
of any building or facility owned, occupied, leased, or
maintained by a public agency; and
h.
Records when their disclosure will expose a vulnerability
referred to in this subparagraph and that describe the exact
physical location of hazardous chemical, radiological, or
biological materials.
2.
As used in this paragraph, "terrorist act" means a criminal act
intended to:
a.
Intimidate or coerce a public agency or all or part of the civilian
population;
b.
Disrupt a system identified in subparagraph 1.f. of this
paragraph; or
c.
Cause massive destruction to a building or facility owned,
occupied, leased, or maintained by a public agency.
3.
On the same day that a public agency denies a request to inspect a
public record for a reason identified in this paragraph, that public
agency shall forward a copy of the written denial of the request,
referred to in KRS 61.880(1), to the executive director of the
Kentucky Office of Homeland Security and the Attorney General.
4.
Nothing in this paragraph shall affect the obligations of a public
agency with respect to disclosure and availability of public records
under state environmental, health, and safety programs.
5.
The exemption established in this paragraph shall not apply when a
member of the Kentucky General Assembly seeks to inspect a
public record identified in this paragraph under the Open Records
Law; and
Public or private records, including books, papers, maps, photographs,
cards, tapes, discs, diskettes, recordings, software, or other
documentation regardless of physical form or characteristics, having
historic, literary, artistic, or commemorative value accepted by the
archivist of a public university, museum, or government depository from a
donor or depositor other than a public agency. This exemption shall apply
(2)
(3)
(4)
(5)
to the extent that nondisclosure is requested in writing by the donor or
depositor of such records, but shall not apply to records the disclosure or
publication of which is mandated by another statute or by federal law.
No exemption in this section shall be construed to prohibit disclosure of
statistical information not descriptive of any readily identifiable person.
No exemption in this section shall be construed to deny, abridge, or impede the
right of a public agency employee, including university employees, an applicant
for employment, or an eligible on a register to inspect and to copy any record
including preliminary and other supporting documentation that relates to him.
The records shall include, but not be limited to, work plans, job performance,
demotions, evaluations, promotions, compensation, classification, reallocation,
transfers, lay-offs, disciplinary actions, examination scores, and preliminary and
other supporting documentation. A public agency employee, including
university employees, applicant, or eligible shall not have the right to inspect or
to copy any examination or any documents relating to ongoing criminal or
administrative investigations by an agency.
If any public record contains material which is not excepted under this section,
the public agency shall separate the excepted and make the nonexcepted
material available for examination.
The provisions of this section shall in no way prohibit or limit the exchange of
public records or the sharing of information between public agencies when the
exchange is serving a legitimate governmental need or is necessary in the
performance of a legitimate government function.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 3, effective June 25, 2013. -Amended 2005 Ky. Acts ch. 45, sec. 6, effective June 20, 2005; and ch. 93, sec.
3, effective March 16, 2005. -- Amended 1994 Ky. Acts ch. 262, sec. 5, effective
July 15, 1994; and ch. 450, sec. 34, effective July 15, 1994. Amended 1992
Ky. Acts ch. 163, sec. 5, effective July 14, 1992. -- Amended 1986 Ky. Acts ch.
494, sec. 24, effective July 15, 1986. -- Created 1976 Ky. Acts ch. 273, sec. 5.
Legislative Research Commission Note (6/20/2005). The Office of the Kentucky
Attorney General requested that amendments in 2005 Ky. Acts ch. 45, sec. 6
and ch. 93, sec. 3, to the arrangement of the paragraphs of subsection (1) of
this section be changed. The change was requested "in the interest of
preventing confusion to the public and public agencies" and was made by the
Statute Reviser under the authority of KRS 7.136.
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