xt7zw37kt569 https://exploreuk.uky.edu/dips/xt7zw37kt569/data/mets.xml The Kentucky Kernel Kentucky -- Lexington The Kentucky Kernel 2001-10-01 Earlier Titles: Idea of University of Kentucky, The State College Cadet newspapers  English   Contact the Special Collections Research Center for information regarding rights and use of this collection. The Kentucky Kernel  The Kentucky Kernel, October 01, 2001 text The Kentucky Kernel, October 01, 2001 2001 2001-10-01 2020 true xt7zw37kt569 section xt7zw37kt569 More Lists

Bill of Rights

Yeah, I know that this is
old news, but I made
up this list over the
summer and I didn't
have time to actually
write anything new.
You might also be
thinking that Jared's
article is supposed to
be in the Kernel
today because it's his
turn. but neither
Jared nor his article
was anywhere to be
found. So as we
speak l'm gluing
pictures of my lost
colleague to
telephones poles and
milk cartoons in a
vain attempt to seem
concerned. I won't
worry though, you'll
get to read his
article on Tuesday.
Anyway, enjoy this
list about the little-
too-needy demands
of medical patients.

Top Ten Questionable
Items in the Patient's
Bill of Rights

. Nitrous oxide will
now be available as
an over-the-counter
drug, and given to
those who actually
need it.

9. Hospital gowns will be
equipped with an
optional rear cover
making it less
embarrassing to walk
around the hospital.

8. The guard posts at
psychiatric wards will
be disbanded in order
to make escapes
even easier than
stealing a doctor's
car and overcoat.

7. The use of
straightjackets and
lasers in mental
institutions will be
replaced with the
honor system.

6. Some new procedures
will be covered by
insurance companies,
including liposuction
and tattoos

MONDAYKENTUCKY

KERNEL

 

(construction and
removal).

5. The mixture of alcohol
and medication will
no longer be frowned
upon, because it
really is the only way
to enjoy your
recovery.

4. Doctors have to stop
asking their patients
if they want the
videocassette from
their anoscopy.

October I, 2001

DJSCLQSURL

Losing
weekend
Volleyball team
only one to
score a win I 8

UK denies open records request

Privacy: UK officials say race, gender and date of birth
a private matter; local, national media experts disagree

By Tracy Kershaw
MANAGING [onion

and Ashley York
EDITOR IN CHIEF

Only a few weeks after UK created
committees to study diversity and gender
issues at the university. officials would
not release the gender and race of UK em—
ployees in a salary database requested by
the Kernel.

On Aug. 2. Summer Editor in Chief
Scott Sloan. now news editor. requested a
database that included the name. gender.
race. date of birth. salary and job title of
every UK employee. UK officials denied
the request for gender. race and date of
birth. saying their release would justify
an "unwarranted invasion of personal pri-
vacy."

“It seemed to me we could be accused
of violating someone‘s privacy.” said ['K

President Lee Todd.

ln Jilly. Todd created two committees

the Commission on the Status of
Women and the Commission for Diversity

to study equity issues at UK.

Under state law. a public employees
salary is considered public record.

Sloan wanted the information to ana-
lyze the equity of pay based on gender.
race and age. The Kernel staff also wanted
the information for use in any other simi-
lar issues that may arise.

Newspapers have long used gender.
race and date of birth information to ex-
plore its effects in salaries. ltiring prac-
tices and other situations.

The Kernel then appealed L'K‘s deci
sion to the state attorney general's office.
The attorney general‘s written opinion.
(WORD—147. said [TK had not violated the
open records act. which allowed l7K's de-
cision to stand.

“We found those (gender. race and
date of birth) to be matters in which peo
ple have an expectation of privacy." said
James Ringo. the assistant attorney gen
eral who authored the opinion.

Despite the opinion. UK can still re-
lease the information. said Jon Fleischak-

er. an attorney for the
lNSlDE-

7 Kentucky Press Associ
What are open

ation.
records in

"UK can do what-
ever it wants." he said.
Kentucky? | 3

Fleischaker said it is
questionable whether
UK can justify its ac»
tion.

"Privacy usually
deals with information
that is personal and
others do not know and
have no right to know.
One's sex and race are
usually there for the
whole world to see." he said.

William Parker. former vice chancel»

Cases cited in
the attorney
general's open
records
decision I 3

See RECORDS on 3

.IALKING,

Putting the records to use

Open records have been used by newspapers
across the county to examine racial, age and gen-
der equity. Some examples:

- John Cheves of the Lexington Herald-Leader
used information from Lexington's open records in
I999 to write an article concerning an allegation of
racial profiling by Kentucky police officers.

Cheves found there was a disproportionate
number of black men pulled over in Lexington with
consideration to the ratio of black residents to
white residents.

- The American Bar Association Journal and
the National Bar Association Magazine used open
records for a report on racial issues within the
legal system in l999. Open records helped identify
how the U.S. legal system can be influenced by a
lawyer’s race and documented the struggles of
minorities in the legal professron.

- Newsweek used public records to indicate
the status of minorities in Birmingham. Ala, and
the cultural conflicts of Mexican-Americans and
Chicanos in 2000 with a story titled “The New
Face of Race.”

Compiled by Assistant News Editor Andrea Uhde

Event will allow
students to vent

Listen up: Honor society sponsors a day to
' let students speak their minds, concerns

'3" 42W???"

CONTRIBUTING wants

I heard.

A day has been declared for everyone to have a chance to be

Topics can be on anything

as long as it is appropriate.

meaning no hate speech or excessive cursing Issues may in-
clude feelings about parking on campus. national issues. and re-
ligious or political views. (')rganizations can also take the op-
portunity to make people aware of what issues they advocate.
James Monroe. a Student (‘yovernment Si‘lliilt)l‘iil'lt’ll‘gf‘. will

represent 86. speaking out about services
it provides to the student body and how
people can get involved with the organiza
tion.

“As a Student Government represen
tative. I aiti interested in hearing how stu-
dents feel about things here on campus.
This is their chance to get their views
heard and make others aware." he said.

The Communication Honor Society
hopes students will take advantage of this

UK will have its first
speak-out day soon-
sored by the
Communication
Honor Society from
ll am. until 2 pm.
on Wednesday, Oct.
10 at the Student
Center patio. Those
interested should

3. Nyquil and Dayquil will
combine their super
powers to make
"Workquil", which
will allow people to
be technically awake.
but extremely
relaxed while
working.

2. Not only will an apple
a day do the job, but
it also appears that
Cheetos and Big Red
soda will keep the
doctor away as well.

i. "Rule 1: Patients are
always right.
Rule 2: Please refer
to Rule I.”

Jonathon Roy
roll editor
lonothonr®kyliernol.com

Tomorrow’s
weather

e
r: 52

Low

It's almost like the
movie Pleasanfville.

Kentuck y
Kernel

VOL. 8i08 ISSUE 3825

ESTABLISHED IN 1892
INDEPENDENT SINCE 1971

News; tips?

Call 2574915 or e-mail
kernel@uky.edu

 

 

Puri'yanimals

mmmx I PHOTO EDITOR

Lindsey Clouse. an English lunlor, judges for the friendliest dog at the Second Annual Amateur Dog show Sunday at the
UK Arboretum. She holds Jaffa, who decided to take a little nap during the judging. The dog show is hold to raise
money for the Society for the Prevention of Cruelty to Animals. The show judged 12 classes, including the smallest
dog, largest dog, funniest dog and owner-dog look allkes.

Taliban leader says Americans lack courage

ASSOCIATED PRESS

KABUL. Afghanistan —— The
leader of Afghanistan's hard-line
Taliban told his people Sunday not
to worry about US. attacks on
their country because Americans
are. cowards.

"Americans don‘t have the
courage to come here." Mullah Mo-
hammed Omar said in an inter-
view broadcast by Taliban-con-
trolled Kabul Radio. He urged
Afghans to remain calm and go
about their business without try-
ing to flee cities that might be tar-
gets of IFS. air strikes. The. United
States has threatened military ac-
tion against Afghanistan unless
the Taliban hand over Osama bin
Laden. whom the Americans con-
sider the mastermind of the Sept.
ll terrorist attacks on the World
Trade (‘enter and the Pentagon

Iiin Laden has denied any role
in the attacks. and Afghan autliori

ties say the United States has of
fered no proof to back up its allega-
tions against the exiled Saudi dissi-
dent. The Taliban said Sunday that
bin Laden in under their “control"
in a secret location and offered ne-
gotiations with the United Sltates.
something Washington refused.

During the interview. Omar
repeatedly warned the United
States to think about attacking his
country. which drove out Soviet
invaders with US. assistance in
the 19791989 war.

“If you attack us. there will be
no difference between you and the
Russians." the Taliban leader said.
“We are peaceloving and we hate
terrorism." '

Omar instead blamed the Sept.
ll attacks on American policies
without stating which ones.
“Whatever the Americans are fac-
ing is the result of their imlicies."
he said. "and the l‘S authorities

should review their policies and
should not create problems for
Muslims."

()inar defended the Taliban‘s
stewardship of this country since
they took power iii 1996. “Before
the formation of the Taliban gov-
ernment. there was complete anar-
chy." he said. “Nobody was safe.
But now. there is complete peace
in our country and there is no
room for communism."

Omar also discounted any role
for the former king. Mohammad
Zahir Shah, who lives in exile in
Rome. The Rtssyear-old former
monarch told a I'.S. congressional
delegation Sunday that he was by
America‘s side in the fight against
terrorism and would back a I.” S.
led liberation force to oust the Tal-
iban.

"He should be
what he is doing." Omar said of llll‘
former klllLl

:isliaiiied of

opportunity.

“Perhaps a fresh idea or a new per

e-mail topics to
ukspeakoutZOOl @
hotmail.com.

spective will be instilled in others listen-

ing to the

issues who

hadn‘t really

thought of it from a different angle." said
Ashley Charlton. a CHS member.

“Looming in the shadow of our national tragedy. Speak-Out
Day seems especially fitting this year." said Alan DeSantis.
sponsor of the Communication Honor Society. "Our First
Amendment right to openly express our ideas in a democracy is
at the essence of what it means to be an .~\merican.

"I know that our students Will view this oppoitunity as not
only an occasion to express their personal opinions. but also as
a means of celebrating our collective life in a free and open so-
ciety wltere tolerance and diversity is a virtue." he said.

 

A Pakistani man reads a news mogozhie In lohore on Sondoy. The
Taliban's ambassador to Pakistan said on Sunday that wanted Saudi-
born fugitive Osorna bin Laden woo nnder the Taliban's control and
being hidden for his own safety. The lhite Noose repeated its
demand that Afghanistan's ruling Taliban hond over Osoma bin
Laden after a Taliban official said the chief suspect in the September
It attacks was in Taliban control.

 

 2 I MONDAY, OCTOBER 1. 2001 I KENTUCKY KERNEL

ALL THE NEWS THAT FITS

The Low-down

UK gives advrce about foal deaths

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THE SHOW
MUST GO ON:
Facing a nation
rocked by recent
tragedy. "Satur-
day Night Live“
blinked Iyprcally
irreverent, often
defiantly rude in
Its. comedy, the
longerunnrnq NBC
sketch series
opened with a
tribute to the
victnns and
heroes of the
Sept ll attacks.
[11a "cold open:
ing “ New York
Mayor Rudolph
Grouanr stood on
the show's fam-
lIIdI set wrth
some two dozen
polrce,f1re and
rescue personnel.
[hen, after Paul
Simon sang "The
Boxer," his
classrc anthem of
pain and courage.
"Saturday Nrght
Live" Executive
Producer Lorne
Michaels greeted
the specral
quests. “Satur-
day Night Live" rs
one of our great
New York City
institutions,"
replred Graham,
who has urged
New Yorkers to
return to normal
l1fe,"sotbat‘s
why it’s Import-
ant for you to do
your Show
tonight.“ "Can we
be funny?"
Michaels asked
him. "Why start
now?“ cracked
Giuliani wrth
perfect timing. It
was the night's
funniest lrne.

 

 

Television ratings resurfaced last week

NEW YORK A- For television executives, it’s
safe to exhale. They worried that depression over
the Sept. 11 terrorist attacks would drive people
away from prime-time TV. Instead. based on rat-
ings from the season's opening week. the oppo-
site is true. "Obviously. none of us knew what to
expect." NBC entertainment president Jeff Zuck-
er said. Zucker chose his last Word for its double
meaning. NBC’s “Friends" was one of the week’s
notable successes, with 31 million people tuning
in Thursday to see which of the three female
characters was pregnant. Prime-time viewing in
general was tip 4 percent over the last two years
during the first few nights of the season. said top
(‘ItS researcher David I’oltrack.

Satellites help police watch offenders

St'RAN'I‘ON, Pa. At any time of day. offi-
cials can find out where an ofl‘ender is, thanks to
the (llobal Positioning System, a network of 24
satellites orbiting 12000 miles above the Earth.
()rigmaliy developed for the military. GPS is
used for [and surveying and as portable units for
hikers. and is available as an option in cars to
help motorists navigate unfamiliar areas. Now it
also is being used in at least 20 states to keep con-
stant track of more than 1.000 offenders. many of
whont have committed crimes involving sex or
domestic violence.

FAA says Americans returning to skies

WASHINGTON Americans are slowly re-
turning to the skies and while security remains
tight and time-consuming. the federal govern-
ment is allowing some airports to resume one
timesaving measure: curbside check-in. Air trav—
el still is well below levels prior to the Sept. 11
terrorist attacks. Federal Aviation Administra-
tion spokesman William Shumann said airlines
are flying 80 to 85 percent of their pre-attacks
schedules. But the Air Transport Association. a
trade group for the major airlines. said prelimi-
nary estimates showed 665,714 passengers flew
on domestic flights Thursday, compared to
318.763 the ’I‘iiursday before. The flights were 46
percent full. up front 39 percent a week earlier.A
year ago. airplanes carried around 1 million pas-
sengers a day and were around 70 percent full.

Anti-war rally attracts thousands

ill-\SIIINGTON Banging drums. singing
songs and waving giant puppets, several thou-
sand anti-war demonstrators marched Sunday to
call for peace following the terrorist
attacks.".\‘ow is when you should question the
president.” said Scott Morschhauser. 37. who
came from Iiettendorf. Iowa with a large Ameri-
can flag. The peace rally and march had a festive
atmosphere. with families spreading out picnic
blankets in a park and performers leading the
crowd in songs with lyrics such as “No more
killing. no more war. no more violence any-
more." The police presence was muted. unlike
Saturday when scores of officers turned out in
riot gear for two separate marches. The events
were peaceful. but a few arrests were made.

GET BACK TO
THE COUNTRY:
Willie Nelson. who
brought a flag-
wavlng crowd to
its feet with "This
Land is Your
Land" at
Saturday's Farm
Aid concert, said
keeping family
farms strong will
keep America
strong. "I think
it's important to
take care of the
people who grow
our food," said
Nelson, who co-
founded Farm Aid
in 1985 with John
Mellencamp and
Neil Young.

The nonprofit
group's 14th
benefit concert in
16 years high-
lighted American
farmers' role in
helping the
nation fight
terrorism. Farm
Aid performers
said the concert
has always been
about keeping
America strong
by helping the
farms that feed
the country.
"We're at a
moment when a
lot of people are
asking what is
America, what
represents
America," said
Dave Matthews,
one of the
performers.
"Certainly, I think
that the family
farm is a main
ingredient of
what made
America."

Embassy witness reveals bin Laden

NEW YORK ~ Recruited off the streets of
New York in 1986, Jamal Ahmed al-Fadl became
a foot soldier for Osama bin Laden — fighting in
Afghanistan. training in Sudan and learning the
inner workings of a terrorist network whose
members signed on to a holy war against Ameri-
ca. Fifteen years later, al-Fadl was out of favor
with bin Laden and back in New York this
time as the govemment’s star witness in the tri-
al of the US. embassy bombings. which bin
Laden is believed to have masterminded. His
testimony was a coup for government prosecu-
tors who. in July, successfully put four men be-
hind bars for life for the deadly 1998 twin bomb-
ings in East Africa that killed 219 people. includ-
ing 12 Americans.

Hate crimes a tiny percent of offenses

WASHINGTON -— Crimes motivated by ha-
tred for a person's race, religion or other charac-
teristics remain a tiny percentage of all offenses.
the government reported Sunday. The suspected
hijackers ~ and those in the al-Qaida network
believed to have masterminded the deadly at-
tacks are mostly Middle Eastern and Muslim.
The government has said the hijackers lived in
US. communities, sometimes for years, while
preparing for the attacks. Since the attacks, hun-
dreds of Americans of South Asian and Middle
Eastern descent » or just people with dark skin,
beards. turbans or veils that make them appear
to fit that profile 1~-- have been victims of threats.
beatings and even killings. Muslim mosques and
temples have. been vandalized and fire—bombed.
FBI Director Robert Mueller said Thursday the
bureau was investigating about 90 hate crimes.

Bones taken for testing from the dead

LONDON -— Thousands of bones were re-
moved from dead British children without their
parents' consent during Cold War-era nuclear
tests. the nation‘s Atomic Energy Authority said
Sunday. The femurs of about 4.000 young chil-
dren were removed from [954 to 1970. agency
spokeswoman Beth Taylor said. The bones were
used in tests to measure the effects atmospheric
explosions of hydrogen bombs were having on
humans and the environment.

Compiled from wire reports

 

mes
Corrections

A story in Wednesday’s Kernel incor-
rectly listed the nationality of Jing Tan.
Tan is from China.

To report an error call The Kentucky
Kernel at 257-1915.

 

 

 

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[u VIII“)!

..o1

. n will. 1:41! rail-i 1“

”Democracy -
Ending Struggle”
October 23, 200]
Singletory Center 7:30 p.m.
FREE TICKETED EVENT

Tickets available at the
Student Center Ticket Office

Sponsored by SAB

President Lech Woleso
Nobel Peace Prize Winner and
First Democraticolly Elected
President of Poland

The Never

 

 

BUSINESS CAREER DAY -- 2001

Aeronautical Systems Center Cl Alltech Biotechnology C] Andersen Cl
Ao-Sola Optical Cl AutoZone El Bank One Corporation 0 Bank of Lou
isville Cl BB8.T Cl BKD. LLP Cl Black 8. Decker D Bureau of Labor Sta-
tistics Cl Carpenter, Mountjoy 8. Bressler, PSC D Consolidated Electri-
cal Distributors Cl Chevron Cl Cintas Cl Crowe, Chizek 8. Company LLP
E] Dean. Dorton 8. Ford, PSC Cl Defense Finance and Accounting Ser-1
vice (DFAS) C] Deloitte 8. Touche Cl Enterprise Rent-A—Car E] Ernst 8.
Young CI Federated Department Stores. Inc. (Corp. Svcs.) El Ferguson
Enterprises, Inc. C] Fidelity Investments Cl Fifth Third Bank D General
Electric D Healthcare Recoveries Cl International Business Machines
(IBM) D Internal Revenue Service (IRS) Cl JCPenney Cl J.J.B. Hilliard.
W.L. Lyons, Inc. (Hilliard-Lyons) D John Hancock/Signature Investors Cl
Kentucky Farm Bureau Insurance Cl Kentucky Transportation Cabinet D
Keystone Financial Inc. C] KPMG LLP Cl Kroger Co. Cl Lazarus Depart-
ment Stores Cl Lexmark International Cl LG&E Energy Corp. E] Limited
Too CI Manpower Professionals 0 MassMutuaI Financial Group D Meijer
Cl Merrill Lynch C] Morgan Stanley Cl National City Corporation Cl Navy
Civilian Jobs Cl Navy Recruiting District, Nashville Cl Northwestern Mu-
tual Financial Network C] Personnel Cwind (Ke’itucky 336 Government)
Cl Philip Morris USA Cl Plexus Electonic Assembly CI Potter 8. Com-
pany. LLP Cl PricewaterhouseCoopers Cl Procter & Gamble Co. Cl Provi-
dent Bank El Raytheon Company D Ryder Transportation Sen/ices Cl
Solomon Smith Barney D Sherwin-Williams E] State Farm Insurance Cl
Summit Energy Services. Inc. El Tennessee Department of Audit Cl
TruGreen ChemLawn — Georgia [:1 TruGreen ChemLawn — Kentucky D
Tyson Foods, Inc. El UK Career Center E] UK College of Law 0 UK
Federal Credit Union Cl UK Human Resource/Employment Cl UK Martin
School of Pub. Policy 8. Patterson School of Diplomacy D UK MBA C]
UK Office of Experiential Education [3 United L8.N Glass [3 United Par.
cel Service (UPS) Cl US. Army E] US. General Accounting Office E]
US. Marine Corps Officer Selection Office Cl Walgreens C] Wallace Cl
Wells Fargo Acceptance Cl Wells Fargo Financial Cl Winchester Farms
Dairy Cl Yorkshire Global Restaurants (L.J. Silvers)
Business attire and resumes, please.
See httpzllgatton.uky.edu/CareerDay

WEDNESDAY, 10/03/01, 11:00 T0 3:00
3RD FLOOR, STUDENT (ENTER

 

 

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RECORDS

Continued from page i

lor of minority affairs. said he
wouldn't mind his gender and
race being released,
people wouldn‘t mind (diselos
mg the int‘ormationi." he said.
"but others think that it's an in»
vasion of privacy,“

Lauretta Byars. associate
provost for Minority Affairs.
could not be reached for com
ment because
town.

Mark (ioodman of the Stu-
dent Press Law (‘t‘lllt‘L a non»
profit organization in it'ashini.v
ton. l),(‘.. that helps student
journalists deal with legal is
sites. said I'K should release the
information. Goodman. tlie een
ter's exeeutiVe (Ill't‘t'ttit‘. .said
rare and gender are not privacy
ISSlIt’S

"It is IlItIlt‘l'tills to say iliai
gender and rate are matters of
primer It you made that aruu
iiieiit iii a court. you would lie
laughed out." he said "It just
doesn't make sense “

Goodman said when ltlltit'
ination like this is Withheld.
universities and other illllllli'
ageiii'ies have the opportunity
to ahiise their power.

“Without this information
it is iinpossihle to fully under
stand how a jlllllllt' agency is
dealing with the issue of 1711‘“ in
its hiring or promotion." (loodv
man said.

Goodman said even it Hi
has nothinu to hide. its sei‘i‘ei's'
suggests otherwise.

"It's only a fair presuinp
tion that it' the\ refuse to pro
vide this lllIlil'llllltliill. thev are
trying to rover slittli'tltlll! up."
he said. "l'nliirtuiiati-li'. even it
nothinu is wrong. ihe_\ .ll'l' not
,LIlVllltl the puhlie the assiirani-e
it needs and ilesei'Vi-s

I'K's decision is ijtlestiiiti
able. said .loaii Callahan. the ili
rector of I'K‘s women‘s slll(Ilf‘\
department.

“The information should lie
readily availahle to anybody
who wants it. and I find it stun
nini: that it‘s not." she said, "i
am always for i‘\'('l‘)llllll}4 lieiii;:

"A lot (it.

she was out of

out in the open you always
have a fairer s) stem that way,"

Callahan was particularly
surprised that the university
withheld the information from
the Kernel given UK‘s "new"
commitment to diversity and
gender.

“I waited 1:“) years to hear
central administration say
that." she said. "I think the fact
of the matter is that we don't
look too good on this."

(‘allahan said even it‘ [7K
doesn't have the best iiuinliers
regarding gender and race. it
shouldn‘t withhold the data
from the public. She said UK
should prov'ide the information
so people can raise questions
about the issues.

“Even it'that means ehang-
mi: the law to get them." she
said. “Laws need to lie (tiles
tioned and defended."

Bill Fortune.
Law professor. (It‘l‘Illlt‘tI to com
iiieiit on the issue because of
his role as president ot‘the ['iii
\‘i‘i‘sitV Seiizile

”This sliiillld lie i'iiiisjilei'eil
li\' the ll'ii'iiltv as .i "whole." he
said.

\‘ii-ior Ila/ard. dean of stu
(Il‘llls‘. said he accepts I7I\"s dei‘i
siiiii to deny the records to the
Kernel

"I’m \lll‘t' there is a ratio
iiale as to Mix." he .said

.laek lilantoii who as l'l\"s
senior vii-e president for admin
isti'aiioii also sei'vi-s as I'K's
iijieii l‘ei'iii‘ils i'tlsliidliili. (‘iillld
not lie l't'i‘ll'llt‘tl for i-oiniiient.

People are often illlt‘tilllltil't
ilile when the; I'f'ItIl/t' some in
formation is piililii'. said Bill
l)edmaii. who won a l’ulitzei
Prize in lli‘iiii at hi Atlanta
Journal (‘oiistiiiitiiu for his re
jitil'llll! on l‘zll'li'll i'~i'iiiiiii‘:a
lllill iii hank lending.

l‘or example. mi st would
sax that what they paid toi
their home should Ilt‘ privati
liut when liiii‘incr a home they
would want to know how much
the seller paid for the house. he
said.

"Sometimes if you View
these things in isolation. people
will ‘i'lt’W them as i)l‘l\'lt('_\'
rights." he said. "But not it' Will
\‘iew them as part ot a fair. \\l‘II
liiiii’iioniii: (It‘ll‘itii‘l'ilt'k' "

 

officials or others. KRS 61.871

KRS 61.878.

invaSion of personal privacy "

 

The facts about open records

The Kentucky Open Records Act (Kentucky Rewsed Statutes 6l,870-6l.884i,
enacted during the I976 General Assembly, applies to all public records
of public agenCies. According to the Act:

"The General Assembly finds and declares that the DaSlC policy of KRS
6i870 to 61884 is that free and open examination of public records is
in the public interest and the exceptions prowded for by KRS 61.878 or
otherwise prowded by law, shall be strictly construed, even though such
examination may cause inconvenience or embarrassment to public

According to the Act, anyone may examine any public record that is not
exempt from inspection by the law. The exemptions are listed under

in its denial of the Kernel's request, UK Cited KRS 6l.878 (ii (a): "(ll
Public records containing information of a personal nature where the
public disclosure thereof would constitute a clearly unwarranted

a (‘ii'ilege of

 

 

Open records decisions

In rejecting the Kernel's appeal, the office of the Kentucky attorney general
cited two previous open records decisions written by Assistant Attorney
General James Ringo — 96-0RD-232. relating to race and gender. and
99-0RD-12, relating to date of birth.

96-0RD-23Z (race and gender)

Kent Fischer, education reporter at the time for the Lexington Herald-
Leader, requested a complete listing of all Fayette County School employees and
their positions, race. sex, dates of birth, times with the district, the schools or
offices at which they work, and their salaries. Fayette County refused to release
race. sex and date of birth. fischer appealed to the attorney general, with repre-
sentation by James Thomerson, Esq., stating race and sex are not information of
a personal nature such as social security numbers, medical information or mari-
tal status. "You cannot learn this information by simply looking at the person,"
Thomerson wrote. thomerson further argued race and sex were not a clearly un-
warranted invasion of personal privacy because "without knowing this informa-
tion the public cannot meaningfully monitor the actions of and state of affairs in
the public schools." Thomerson listed questions such as "are males being fa-
vored in higher paying jobs?" and "are minorities’ employment opportunities the
same as those for whites?" Virginia Gregg, general counsel to the board of edu-
cation of Fayette County responded, stating "It is likely that many individuals do
not wish to make an issue of their race and gender. Both are inherent character-
istics that have no bearing on their abilities and duties as public servants nor on
their being hired or promoted nor on their rate of pay." The attorney general
concluded that information such as a person's race or gender is "generally ac-
cepted by society as details in which an individual has at least some expectation
of privacy." The attorney general Cited statements made in the majority opinions
of link v. Commonwealth of Kentucky (l994i, Beckham v. Board of Education of
Jefferson County, Ky. (1994), Kentucky Board of Examiners of Psychologists v.
Courier-Journal and Louisville Times Co. (1992), and CBS, lnc. v. Partee (I990).

Zink v. Commonwealth of Kentucky

The Zink case concerned whether a member of the public could have access
under the Kentucky Open Records Act to certain records under control of the
Kentucky Department of Workers’ Claims. The records requested included the
name, home address, telephone number, date of birth and social security number
of employees injured in work-related accidents. John Zink. an attorney, asked for
the information "to target direct mail solicitations to potential clients." A panel
of Kentucky Court of Appeals judges ruled 3-0 against Zink.

Beckham v. Board of Education of Jefferson County

The Beckham case concerned whether the subjects (people) of open
records requests have standing to legally attempt to prevent record hold-
ers (in this case, the board of education of Jefferson County) from releas-
ing records the subjects feel could contain private information. The Ken-
tucky Supreme Court ruled 7-0 that the subjects had standing to contest
the deciSion of the record holders to turn records over to the public.

Kentucky Board of Examiners of Psychologists v. Courier-
Journal and Louisville Times Co.

The Courier- Journal requested access to documents relating to formal com-
plaints made against a psychologist charging acts of misconduct, noted among
the litigants as sexual improprieties. The psychologist stopped practicing, gave
up his license, and agreed to