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 Floyd County Board of Education complied with the provisions of the Open Records Act in the disposition of Brent Allen's April 16, 2003 request for various records relating to his employment and the settlement of his lawsuit. Although Mr. Allen characterized the Board's response as "an attempt to avoid [his] requests," our review of the record on appeal confirms that the Board provided Mr. Allen with all existing records that were responsive to his request and, following commencement of his appeal, an explanation of those records. Having done so, we believe that the Board fully discharged its duty. We remind Mr. Allen that this office cannot, in general, "adjudicate a dispute regarding a disparity, if any, between records for which inspection has already been permitted, and those sought but not provided." OAG 89-81. We therefore conclude that the Board of Education did not "attempt to avoid" the Open Records Act in the disposition of Mr. Allen's request and that the records access issue was mooted by disclosure of the records identified in that request. 40 KAR 1:030 Section 6; 03-ORD-87.
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.
Brent Allen427 KY RT 680 W.Eastern, KY 41622
Paul W. Fanning, SuperintendentFloyd Co. Board of Education106 North Front AvenuePrestonsburg, KY 41653
Michael J. Schmitt, AttorneyFloyd Co. Board of EducationP.O. Drawer 1767Paintsville, KY 41240