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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Office of the Bath County Judge/Executive violated KRS 61.880(1) by failing to respond him in writing, and within three business days, to Randy Skaggs's January 5, 1998, open records request, and by failing to afford Mr. Skaggs timely access to the records requested. We believe that 98-ORD-48, a copy of which is attached, is controlling. The County Judge/Executive is directed to send Mr. Skaggs copies of all records which are responsive to his request, to make immediate arrangements for him to inspect all records which might contain the information he seeks, or to advise him in writing that no such records exist.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The Attorney General found that the Office of the Bath County Judge/Executive violated KRS 61.880(1) by not responding in writing within three business days to an open records request and by not providing timely access to the requested records. The decision follows the precedent set in 98-ORD-048, directing the County Judge/Executive to provide access to the records or inform if no such records exist. The decision allows for an appeal in the appropriate circuit court.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Randy Skaggs
Agency:
Office of the Bath County Judge/Executive
Type:
Open Records Decision
Lexis Citation:
1998 Ky. AG LEXIS 56
Cites:
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