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 City of Shepherdsville properly relied on KRS 61.874(3) in responding to Gobel Newsome's February 14, 2003 open records request for "copies of all subpoena's [sic], with the information such as, time in court, disposition, disposition of evidence, pay or no pay stamped on back, for Officer Brent Dawson to appear in court on behalf of the Commonwealth of Ky., from Feb. 2000 to the present, Feb. 14, 2003." We believe that 03-ORD-057, and the authorities cited therein, is controlling as it addresses the identical issues presented in the instant appeal. The City of Shepherdsville properly notified requester that he would be required to submit prepayment for records identified in his request. A copy of 03-ORD-057 is attached hereto and incorporated by reference. We find the City's position in this regard is clearly supported by the Open Records Act.
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.