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 an open records appeal, and the Attorney General being sufficiently advised, we find that the Hardin County School District improperly relied on KRS 61.878(1)(i) and (j) in denying News-Enterprise reporter Kelly Cantrall's June 4, 2013, request for access to and copies of "all records of complaints or charges made against [New Highland Elementary Principal Mark] Thomas and all records relating to the resolution of those charges." Because the records requested, and the arguments advanced by the district in support of its denial, are identical to those in 13-ORD-121, that open records decision is dispositive of the issues on appeal. A copy of 13-ORD-121 is attached hereto and incorporated by reference. Here, as in the referenced decision, "[w]e find that the district's reliance on KRS 61.878(1)(i) and (j) to deny [Ms. Cantrall's] request was misplaced and that its position that a threatened defamation action by Mr. Thomas's attorney precludes disclosure of the requested records is legally unsupportable."
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:
Ben Sheroan, EditorDavid T. Wilson, II