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Request By:

Mr. Bruce Graham
City Manager
Winchester, Kentucky 40391

Opinion

Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General

Mr. Richard Walje has appealed to the Attorney General under KRS 61.880 your denial of inspection of certain public records in your custody. The records are described as "all letters and memorandums written to the Winchester Public Safety Department heads within the past thirty days."

Mr. Walje sent us a copy of his memorandum to you, dated January 12, 1981, by which he made his request to inspect the records. He reports that as of January 21, 1981 you had not responded to his memorandum.

KRS 61.872 provides that when a written request to inspect public records is made to a public agency, the agency must give a written response within three days either allowing inspection of the records or stating the reason why inspection will not be permitted. If inspection is denied, the agency's response shall include a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. KRS 61.880 (1).

It is our opinion that you should allow Mr. Walje to inspect the records as he has requested or should give him a written answer stating the reasons for withholding inspection. You are required to send a copy of your response to the Attorney General if inspection is denied. KRS 61.880.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Open Records Decision
Lexis Citation:
1981 Ky. AG LEXIS 374
Forward Citations:
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