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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 Legislative Research Commission violated the Open Records Act when it denied reporter Tom Loftus's October 14, 1996, request for the search warrant "served upon the Legislative Research Commission by federal and/or state investigators on Oct. 11, 1996." We believe that 96-ORD-244, a copy of which is attached hereto and incorporated by reference, is controlling. The Legislative Research Commission is directed to promptly furnish Mr. Loftus with a copy of the search warrant.

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.

LLM Summary
The Attorney General ruled that the Legislative Research Commission violated the Open Records Act by denying a request for a search warrant served on them. The decision was based on the precedent set by 96-ORD-244, which was found to be controlling in this matter. The Commission was directed to provide the requested document.
Disclaimer:
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Requested By:
The Courier-Journal
Agency:
Legislative Research Commission
Type:
Open Records Decision
Lexis Citation:
1996 Ky. AG LEXIS 311
Cites:
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