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, although the Campbell County Commonwealth Attorney did not respond to Augustus Kern's October 10, 2003 "Request for Inspection of Records" within three business days as required by KRS 61.880(1), the Commonwealth's Attorney belatedly sustained the burden of proof, which is assigned to his office by operation of KRS 61.880(2)(c) in denying Mr. Kern's request. In correspondence directed to this office following commencement of Mr. Kern's appeal, Anthony J. Bracke, Chief Assistant Campbell County Commonwealth's Attorney, denied Mr. Kern's request "based on KRS 61.878(1)(h) . . . [which] permanently excludes information compiled or maintained by Commonwealth's attorneys pertaining to criminal investigations or litigation from public inspection." It is the decision of this office that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is dispositive of the question on appeal. On this basis, we affirm the Campbell County Commonwealth's Attorney's denial of Mr. Kern's request.
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:
Augustus Kern, #165759Northpoint Training CenterP.O. Box 479Burgin, KY 40310
Jack PorterCommonwealth's AttorneyCampbell County Courthouse, Rm. 12330 York StreetNewport, KY 41071-1678
Anthony J. BrackeChief Assistant Commonwealth's Attorney330 York Street, Rm. 12Newport, KY 41071