Request By:
Barbara Schwarz
335 East Broadway, Apt. 401
Salt Lake City, UT 84111David Fleenor
General Counsel
Cabinet for Health and Family Services
275 E. Main Street, 5W-A
Frankfort, KY 40621John Walker
Assistant General Counsel
Cabinet for Health and Family Services
275 E. Main Street, 5W-A
Frankfort, KY 40621
Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in the this appeal is whether the actions of the Cabinet for Health and Family Services relative to the request of Barbara Schwarz for any records relating to her, Mark C. Rathbun, Mark de Rothschild, Scientology, the Church of Scientology or its deceased founder, L. Ron Hubbard, or former President Dwight David Eisenhower, violated the Kentucky Open Records Act. On May 17, 2004, Ms. Schwarz simultaneously appealed from comparable determinations by the six public agencies, including the CHFS, to which she submitted identical requests in November 2003. Having reviewed the record in its entirety and considered the arguments of both parties, we conclude that 04-ORD-090, a copy of which is attached hereto and incorporated by reference, is controlling. Because the CHFS does not possess any records that are responsive to Ms. Schwarz's request and affirmatively indicated as much to her in a timely response, the CHFS has fulfilled its obligation under the Open Records Act.
A party aggrieved by this decision may appeal it by initiating an 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.