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 Kentucky Department of Education did not violate the Open Records Act in the disposition of Diana Datillo's May 23, 2003 request for records and information relating to her employment with KDE. Ms. Datillo initiated this appeal on May 31, 2003. Shortly thereafter, KDE Division of Human Resources Director Larry C. Conner notified this office that KDE received Ms. Datillo's request on Tuesday, May 27, 2003, noting that May 26, 2003 was an official state holiday, and that he responded to her request on May 30 by providing her with copies of responsive records and providing narrative answers to her requests for information. For these reasons, we conclude that KDE complied with the requirements of the Open Records Act in the disposition of Ms. Datillo's request and that the records access issue she prematurely raised was mooted by disclosure of the records identified in her request. 40 KAR 1:030 Section 6; 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.
Diana L. Dattilo150 White Pine CircleCampbellsville, KY 42718
Larry ConnerKY Dept. of EducationInternal Administration & Support16th Floor, Capital Plaza Tower500 Mero StreetFrankfort, KY 40601
Anne E. KeatingKY Department of EducationCapital Plaza Tower, 18th Floor500 Mero StreetFrankfort, KY 40601