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Request By:
[NO REQUESTBY IN ORIGINAL]

Opinion

Opinion By: A. B. CHANDLER III, 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 Bourbon County Fiscal Court violated KRS 61.880(1) by failing to respond in writing, and within three business days, to The Bourbon Times's June 26, 1996, request to inspect the "complaint that prompted the suspension of Bourbon County Fire Chief Tim Foley and resulting disciplinary action." We further find that the fiscal court improperly relied on KRS 61.878(1)(a) in verbally denying the request. We believe that OAG 91-41, a copy of which is attached hereto and incorporated by reference, is controlling. The Bourbon County Fiscal Court is directed to immediately arrange for Times editor Lynne Wornall to inspect the records identified in her request.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court. 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 proceedings.

LLM Summary
The Attorney General of Kentucky ruled that the Bourbon County Fiscal Court violated KRS 61.880(1) by not responding in writing within three business days to a request from The Bourbon Times to inspect records related to a complaint and disciplinary action against a fire chief. The court also improperly denied the request verbally under KRS 61.878(1)(a). The decision cites OAG 91-41 as controlling precedent, directing the fiscal court to allow inspection of the records and noting the possibility of an appeal in circuit court.
Disclaimer:
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Requested By:
The Bourbon Times
Agency:
Bourbon County Fiscal Court
Type:
Open Records Decision
Lexis Citation:
1996 Ky. AG LEXIS 223
Cites:
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