Opinion
Opinion By: Gregory D. Stumbo, Office of Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the Kentucky Council on Postsecondary Education 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 June 1, 2004, Ms. Schwarz appealed from the Council's denial of her November 2003 and May 2004 records requests. 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 Council does not possess any records that are responsive to Ms. Schwarz's request and affirmatively indicated as much to her in a written response, the Council 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.