61.878 Certain public records exempted from inspection except on order of court -- Restriction of state employees to inspect personnel files prohibited. - Kentucky Statutes

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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. Antiterrorism protective measures and plans; d. Counterterrorism measures and plans; e. Security and response needs assessments; f. 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 Office for Security
Coordination 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 (n) 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 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. (2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. (3) 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,
layoffs, 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. (4) 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. (5) 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 20 2005
History: 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.