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 City of Whitesburg violated KRS 61.880(1) in failing to respond to Kenneth Broome's May 19, 2003 request to inspect and copy all records that the City relied upon in denying Mr. Broome's application for a building permit. As a result of the City's inaction, Mr. Broome initiated this appeal on June 5, 2003. Shortly after he initiated the appeal, Whitesburg City Attorney James W. Craft, II, notified Mr. Broome that the records he had requested were available for inspection and copying at the Office of the City Clerk during regular business hours, simultaneously confirming agency compliance by letter to this office. In a conversation with the undersigned that occurred on June 18, 2003, Mr. Craft confirmed that the records had been compiled and were awaiting Mr. Broome's inspection. It is therefore the conclusion of this office that, with the exception of the procedural violation noted above, the City of Whitesburg complied with the requirements of the Open Records Act in the disposition of Mr. Broome'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; 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.
Kenneth BroomeP.O. Box 483Jenkins, KY 41537
Nathan Baker, MayorCity of Whitesburg38 East Main StreetWhitesburg, KY 41858
James W. Craft, IIAttorney at Law, P.S.C.21 North Webb AvenueWhitesburg, KY 41858