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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 Kentucky Retirement Systems did not violate the Act when it denied Kendall Duerson's August 28, 1998, request that Retirement Systems "provide the total cost [to Mr. Duerson's client for conversion of nonhazardous service with the Madison County Ambulance Service to hazardous service] on the last day he was eligible to do so." Mr. Duerson's request must be characterized as a request for information, as opposed to a request to inspect reasonably described records, and Retirement Systems is not obligated to honor such a request. We find that 93-ORD-51 is controlling, and in particular the discussion at pages 3 and 4. A copy of that decision is attached hereto and incorporated by reference. We find no error in Retirement Systems' response.

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 finds that the Kentucky Retirement Systems did not violate the Open Records Act when it denied Kendall Duerson's request. The request was for information rather than for inspecting specific records, and as such, the Retirement Systems was not obligated to fulfill it. The decision follows the precedent set in 93-ORD-051, which discusses similar issues regarding requests for information versus requests to inspect records.
Disclaimer:
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Requested By:
Kendall Duerson
Agency:
Kentucky Retirement Systems
Type:
Open Records Decision
Lexis Citation:
1998 Ky. AG LEXIS 172
Cites:
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