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 Planning and Zoning Commission violated the Open Records Act by failing to respond to Judy L. Ponder's May 3, 1999, request for nonexempt public records relating to the Commission, and to furnish her with copies of those records. We believe that 99-ORD-89 and 99-ORD-100, copies of which are attached hereto and incorporated by reference, are controlling as they relate to the agency's noncompliance with KRS 61.880(1) and the penalties that may be imposed for noncompliance. The Oldham County Planning and Zoning Commission must immediately furnish Ms. Ponder with copies of the records identified in her request, or appeal the Attorney General's decision in the appropriate circuit court pursuant to KRS 61.880(5).
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.