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Opinion

Opinion By: A. B. Chandler III, Attorney General; James M. Ringo, 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 Oldham District Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the Act by failing to respond to Jeffrey Guelda's request for a copy of "Oldham County Police in car video # cv02-114." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling. Mr. Guelda must seek redress for his grievances through the courts.

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.

Jeffrey Guelda c/o House of Positive Energy1369 Brook StreetLouisville, KY 40208

Linda L. MasonOldham District Court ClerkCourthouse100 W. Main StreetLaGrange, KY 40031

Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601

LLM Summary
The Attorney General's decision concludes that the Oldham District Court Clerk is not subject to the Kentucky Open Records Act and therefore did not violate the Act by not responding to a request for a police in-car video. The decision follows the precedent set in 98-ORD-006, which is cited as controlling. The decision advises the requester to seek redress through the courts.
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:
Jeffrey Guelda
Agency:
Oldham District Court Clerk
Type:
Open Records Decision
Lexis Citation:
2002 Ky. AG LEXIS 257
Cites:
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