19-ORD-109 | KOGC

Opinion

Opinion By: Andy Beshear,Attorney General;Sarah Ellen Eads Adkins,Assistant Attorney General

Open Records Decision

The question presented in this appeal is whether Wendy Flanary, Harlan Circuit Court, violated the Open Records Act in failing to respond and withholding records pursuant to an open records request submitted by Appellant Charles Hensley. We find that the Harlan Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act and cannot have violated the provisions of the Act by failing to respond to Appellant's request for records. 98-ORD-06, holding the same, is controlling and a copy is attached and incorporated by reference.

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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.

LLM Summary

The decision addresses an appeal by Charles Hensley regarding the Harlan Circuit Court Clerk's failure to respond to an open records request. The Attorney General's decision finds that the Harlan Circuit Court Clerk is not bound by the Kentucky Open Records Act, thus did not violate the Act by not responding to the request. The decision follows the precedent set by 98-ORD-006, which is directly cited and attached for reference.

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