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 Nicholas County Fiscal Court violated KRS 61.880(1) by failing to respond to Randy Skaggs's October 4, 1999, request for copies of records reflecting the county's total expenditures for its animal control program in fiscal year 1998 through 1999. We believe that 00-ORD-44, a copy of which is attached hereto and incorporated by reference, is controlling. The fiscal court is directed to immediately release the records identified in Mr. Skaggs's request to him, and if no responsive records exist because no funds were expended, to so advise Mr. Skaggs in a response that otherwise conforms to KRS 61.880(1).
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.