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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 the Pike County Board of Education properly responded to Barry Johns's July 21, 1999, request for "bills approved by the Pike [County Board of Education] and paid by the Pike [County Board of Education] from the law firm of Todd & Smith from Jan. 1, 1991, through June, 1999," by agreeing to furnish him with copies of records reflecting "the amount of monies billed to the Board of Education . . . [after redacting] from the billing itemization matters . . . considered to be privileged and confidential." 1 We find that OAG 92-14 and OAG 92-92, copies of which are attached hereto, and incorporated by reference, are controlling. In addition, we refer the parties to OAG 82-169, OAG 85-91, 92-ORD-1024, 93-ORD-2, 93-ORD-58, and 97-ORD-66 which support the view that a public agency must release billing statements prepared by the agency's attorneys reflecting the general nature of legal services rendered, but that the agency may redact substantive matters protected by the attorney-client privilege.

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.

Footnotes

Footnotes

LLM Summary
The decision finds that the Pike County Board of Education properly responded to a request for billing records by agreeing to provide copies with redactions for privileged and confidential matters. The decision cites several previous opinions and orders that support the view that public agencies must release such billing statements but may redact protected matters. Two opinions, OAG 92-14 and OAG 92-92, are specifically noted as controlling.
Disclaimer:
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Requested By:
Barry Johns
Agency:
Pike County Board of Education
Type:
Open Records Decision
Lexis Citation:
1999 Ky. AG LEXIS 164
Forward Citations:
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