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Tuesday, July 10, 2001

NKU did not break records law


But agencies urged to share

By Mark R. Chellgren
The Associated Press

        FRANKFORT — Files held by one public agency should be shared with other agencies, but the Open Records Law does not require the transfers, according to the attorney general's office.

        The opinion released Monday came from a case whereNorthern Kentucky University's public safety department wanted information about an NKU employee in a criminal investigation.

        NKU's general counsel didn't share the records, which would have included the individual's Social Security number and address, generally considered exempt.

        The Open Records Law generally directs that, other than the above exceptions, documents and information compiled by public agencies should be available for inspection by the public orother government agencies.

        The law also includes a section that encourages public agencies to share their records with one another.

        Sara Sidebottom, NKU's vice president for legal affairs, said the school did not disclose items of a personal nature to anyone.

        Assistant Attorney General Amye Bensenhaver said the law does not require that agencies share records. But she said it does give special status to requests from one agency to another.

        “The record is clear that the information is necessary to the performance of a legitimate government function, namely identification and investigation of a university employee suspected of criminal conduct,” she said.

        Ms. Bensenhaver said the university could provide the information to its own public safety department without running afoul of its policy that prohibits disclosure of such information to others.

        The opinion, which has the force of law, said the university's refusal did not violate the law, but it suggested NKU might reconsider.

       



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