Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in two open records appeals raising identical legal issues, the first received on November 22, 2011, and the second received on November 28, 2011, we find that 11-ORD-214 is dispositive of those issues. In that open records decision, the Attorney General concluded that the Justice and Public Safety Cabinet did not violate the Open Records Act by requiring Uriah Pasha to comply with CPP 6.1 before releasing a copy of Mr. Pasha's letter to Secretary J. Michael Brown dated November 4, 2011, and advising Mr. Pasha that it maintains no other records responsive to his November 7, 2011, request. For the second time in less than one month, we reach the same conclusion. We again remind Mr. Pasha that if he is dissatisfied with the Attorney General's open records decision, his recourse lies in the courts and not in repeated open records appeals to the Attorney General of the same issue.
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.
Distributed to:
Uriah Pasha, # 092028Amy V. Barker