Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 Cabinet for Health Services properly relied upon KRS 61.878(1)(a) in denying Calvin F. Jones's open records request for a copy of the complaint filed against him for the discharge of raw sewage, with the name of the complainant disclosed. We believe that 93-ORD-108, and in particular the discussion at pages two through four of that decision, is controlling. A copy of the decision is attached hereto and incorporated by reference.
In the instant appeal, the Cabinet provided Mr. Jones with a copy of the complaint filed against him with the name of the complainant redacted under authority of KRS 61.878(1)(a). This response was consistent with the Open Records Act and prior decisions of this office.
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.