Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert 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 Oldham County Fiscal Court violated KRS 61.880(1) in failing to respond in writing, and within three business days, to Charles H. Zimmerman Jr.'s June 5, 1998, open records request, and by failing to afford Mr. Zimmerman timely access to the records identified in his request. We believe that 98-ORD-9, a copy of which is attached hereto and incorporated by reference, is controlling. The Oldham County Fiscal Court is directed to immediately arrange for Mr. Zimmerman to inspect those records.
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.