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 Owen County Judge/Executive violated KRS 61.880(1) in failing to respond to Gerald T. Kemper's May 13, 2003 request for records relating to the "Owen County, New Liberty project." 1 As a result of the County Judge's apparent inaction, Mr. Kemper initiated this appeal on May 29, 2003. Shortly after he initiated the appeal, the County Judge provided Mr. Kemper with copies of all responsive records, simultaneously confirming agency compliance by letter to this office. It is therefore the conclusion of this office that, with the exception of the procedural violation noted above, the County Judge substantially complied with the requirements of the Open Records Act in the disposition of Mr. Kemper's request and that the records access issue was mooted by disclosure of the records identified in that request. 40 KAR 1:030 Section 6; and 03-ORD-087.
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.
Distributed to:
Gerald T. Kemper109 N. Thomas StreetOwenton, KY 40359
William O'BanionOwen Co. Judge/ExecutiveOwen Co. Fiscal Court100 N. Thomas StreetOwenton, KY 40359
Charles E. CarterOwen Co. AttorneyNorth Thomas StreetP.O. Box 307Owenton, KY 40359
Footnotes
Footnotes
1 In correspondence directed to this office following commencement of Mr. Kemper's appeal, Owen County Attorney Charles E. Carter attributed the County Judge's failure to respond to his understanding that Ken Palstin, "who is handling the New Liberty Project," would furnish Mr. Kemper with the requested records. Upon receipt of notification of Mr. Kemper's appeal, the County Judge learned that Mr. Palstin "was out of the office and this failed to get accomplished." The County Judge then took immediate measures to insure that Mr. Kemper received the requested records.