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Opinion

Opinion By: Gregory D. Stumbo, 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 Transportation Cabinet's blanket redaction of that portion of Senator Scorsone's request for billing records reflecting a description of each service provided to the agency by retained law firms violated the Open Records Act. We believe that 05-ORD-216, a copy of which is attached hereto, and incorporated by reference, is controlling.

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.

Ernesto ScorsoneState SenatorCapitol Building700 Capitol BuildingFrankfort, KY 40601

Bill Nighbert, Secretary Transportation Cabinet200 Mero Street W6-20-01Frankfort, KY 40622

Ann StanselOffice of Legal ServicesTransportation Cabinet200 Mero Street W6-20-01Frankfort, KY 40622

Todd ShippAssistant General CounselOffice of Legal ServicesTransportation Cabinet200 Mero Street W6-20-01Frankfort, KY 40622

LLM Summary
The Attorney General's decision finds that the Transportation Cabinet's blanket redaction of descriptions in billing records requested by Senator Scorsone violated the Open Records Act. The decision references 05-ORD-216 as a controlling precedent, indicating that the reasoning in that earlier decision is followed in the current case.
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Requested By:
Ernesto Scorsone
Agency:
Transportation Cabinet
Type:
Open Records Decision
Lexis Citation:
2005 Ky. AG LEXIS 260
Cites:
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