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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 Calloway County Fiscal Court did not violate provisions of KRS 61.870 to 61.884 in responding to Kathy Lyons's March 12, May 7, and May 20, 1997, requests for information pertaining to jail personnel and a geotech study on a judicial building site. We believe that 96-ORD-146, and in particular the discussion at page 4, is controlling. A copy of 96-ORD-146 is attached hereto and incorporated by reference. Consistent with the principles set forth in 96-ORD-146, Ms. Lyons may reformulate and resubmit her request as a request for documents rather than information.

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's decision found that the Calloway County Fiscal Court did not violate the open records law in their responses to requests for information about jail personnel and a geotechnical study. The decision follows the precedent set in 96-ORD-146, particularly its guidance on formulating requests for documents rather than mere information. The decision allows the requester to reformulate and resubmit her request accordingly.
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:
Kathy Lyons
Agency:
Calloway County Fiscal Court
Type:
Open Records Decision
Lexis Citation:
1997 Ky. AG LEXIS 158
Cites:
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