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 Finance and Administration Cabinet - Division of Purchases did not violate the Open Records Act in responding to Scott LeCates's September 30, 1998, request for copies of records relating to contracts and agreements between the Kentucky Community and Technical College System, Peoplesoft, Inc., and Ronald Moore which relate to the "Technology Infrastructure Project." Although its response was delinquent, the record on review indicates that the Division of Purchases did not receive Mr. LeCates's request until after his appeal was filed. The record on review further indicates that all of the existing materials which Mr. LeCates requested were released to him with the exception of a social security number which was redacted pursuant to KRS 61.878(1)(a). On this issue, we find that 92-ORD-1500, a copy of which is attached hereto and incorporated by reference, is controlling. On the issue of nonexistent records, we find that
Zink v. Commonwealth, Ky.App., 902 S.W.2d 825 (1994), a copy of which is attached hereto and incorporated by reference, is controlling. Based on these authorities, we conclude that the Division of Purchases properly responded to Mr. LeCates's request.
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.