Opinion
Opinion By: Gregory D. Stumbo, 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 Cabinet for Health and Family Services discharged its obligations under the Open Records Act by notifying Milton Vanderford that the records identified in his November 10, 2006, request reside in the custody of the Fayette County Attorney and furnishing him with the name and location of the official custodian of the County Attorney's public records per KRS 61.872(4). 1 We find that 06-ORD-267, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. The Cabinet did not violate the Open Records Act in the disposition of Mr. Vanderford's request.
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.
Footnotes
Footnotes
1 Mr. Vanderford may wish to submit his request to the appropriate agency and records custodian, to wit: Charles R. Williamson, Fayette County Attorney's Office, 163 West Short Street, Lexington, Kentucky 40507. Should the County Attorney's Office deny, or fail to respond to, his request, Mr. Vanderford may initiate a new open records appeal to this office.