Any allegation made against Mr. Wright was being investigated at the time he tendered his retirement letter. The Department respectfully refers counsel to paragraph four of our response of 18 March 1999 to Ms. Jones. The Department cannot release what it does not have. Again, the investigation was still ongoing at the time Mr. Wright retired and the investigation was pre-empted without determining the truth or veracity of the allegations made. He states that he requested only the portion of any written document which describes the content of the verbal complaint.
Kentucky law requires disclosure of such non-exempt information.
In her response, Ms. Biggs reiterated that it was the Department s position that any investigative documents in the possession of the Department are exempt from disclosure, as no final action was taken and no final document was created incorporating any of the preliminary documentation. She enclosed a copy of a document from the investigative file for this office s in camera review. A District Assistant Supervisor was verbally informed of some allegations against Mr. Wright. The supervisor then called the Assistant Director of Probation and Parole in Frankfort to apprise her of the conversation. The phone call was later followed by the issuance of an intra-office memorandum.