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A LEADING AMERICAN UNIVERSITY WITH INTERNATIONAL REACH
OFFICE OF THE CHIEF OF STAFF GENERAL COUNSEL

August 25, 2015
HAND DELIVERED

Tanner Cole
WKU Talisman
Western Kentucky University

In re: Open Records? Request Faculty Work Life Survey
Dear Tanner:

This letter is in response to request for access to and copies of the redacted comments in the faculty
Work Life Survey. This survey is conducted electronically by the WKU University Senate Faculty
Welfare and Professional Responsibilities Committee. The FWPR is a standing committee of
Senate, and periodically conducts this survey in order to ?take the pulse? of the WKU faculty?s
?satisfaction dissatisfaction with a variety of issues." Those responding to the survey remain
anonymous, and may, if the respondent chooses, submit anonymous comments to the Board of
Regents, the President, and/or the Provost.

The University is denying your request for this information on the basis that these comments
constitute opinions shared confidentially by the survey respondents, which are shared with the
officials noted above, and have not lead to nor represent any final action on the part of WKU. The
Attorney General has long recognized that public records that are preliminary in nature forfeit their
exempt status only after they are adopted by the agency as part of its final action. City of
Louisville v. Courier-journal and Louisville Times, Ky. App., 637 2d 658 [1982); Kentucky State
Board of Medical Licensure v. Courier-journal and Louisville Times Co., Ky. App., 663 953
(1983],- University of Kentucky v. Courier?journal and Louisville Times Co., Ky., 830 373 (1992].
O4-0RD-226.

The AG has also noted that KRS 61.8 78(1) and are intended to protect the integrity of the
agency?s decision-making processes by encouraging the free exchange of opinions and ideas, and to
promote informed and frank discussions of matters of concern to the agency. See, 94-0RD-118
and 93-0RD-125.

As such, it is the University?s position that the comments are exempt from inspection under KRS
61.8 78(1) and thus will not be produced.

    

Ff. orah T. Wilkins
General Counsel


xc: Dr. Gary Ransdell
The SpiritMakes the Master
Western Kentucky University 1906 College Heights Blvd. #1 1001 Bowling Green, KY42101-1001
phone: 270.745.5398 fax: 270.745.4492 web: 
Equal Education and Empioymenr Opportunities Printing paid ?'am state funds, KRS 57.375 - Hearing impaired any 2707455339