Concerned Members of the Kentucky Historical Society

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Text of Denial by Commerce Cabinet Attorney
Kentucky Commerce Cabinet
Capital Plaza Tower, 24th Floor
500 Metro Street
Frankfort Kentucky 40601

November 14, 2005

Mr. Eric James, Chairman
Concerned Members of the Kentucky Historical Society
637 North Third Street
Danville, Kentucky 40422

RE: Open Records Request

Dear Mr. James:

This is in response to your letter, dated November 4, 2005, to the Kentucky Historical Society. Thank you for your waiver of the time frame for response. You have requested contact information, including address, telephone and e-mail of all presiding officers, and the most recent Kentucky Historical Society membership list, including the names, address, telephone, and e-mail of all members.

The Historical Society denies your requests pursuant to KRS 61.878(1)(a), which concerns “public records containing information of a personal nature and where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.” Because the privacy interests of members of the Kentucky Historical Society, such as address, telephone, and e-mail information, substantially outweigh any negligible public interest in disclosure, such disclosure would constitute a “clearly unwarranted invasion of person privacy under subsection (1)(a)” of KRS 61.878/ Zink v. Commonwealth, Ky. App., 902 S.W. 2d 825 (1994): Hines v. Commonwealth of Kentucky Department of Treasury, 41 S.W. 3d 825 (2001); 05-ORD-104; 04-ORD-066; 02-ORD-177; 02-ORD-221; 94-ORD-67; 94-ORD-1; OAG 86-76.

If you have any questins, please feel free to contact my office at (502) 564-2391, ext. 257.

Sincerely,

Commerce Cabinet
Ellen Benzing, General Counsel
(S) Sarah Hall
Sarah O. Hall, Attorney
Office of Legal Affairs

cc. Kent Whgitworth, KHS, Executive Director
Ellen Benzing, General Counsel, Commerce Cabinet

SOH/dbd
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