Skip to main content

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 City of Louisville properly relied on KRS 61.878(1)(j) in withholding the September 2, 1994, memorandum from Christina Heavrin to Alderman Barbara Gregg. We have examined that record pursuant to KRS 61.880(2)(c), and find that it falls squarely within the parameters of the cited exemptions, in its entirety, as a preliminary memorandum in which opinions are expressed. We believe that 96-ORD-66, a copy of which is attached hereto, and incorporated by reference, and OAG 88-85 cited therein, are controlling. Because we find that KRS 61.878(1)(j) authorizes nondisclosure of the disputed record, we do not address the applicability of KRS 878(1)(i) or (l) to that record.

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 KRS61.880(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.

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.
Requested By:
R. Keith Cullinan
Agency:
City of Louisville
Type:
Open Records Decision
Lexis Citation:
1996 Ky. AG LEXIS 286
Forward Citations:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.