Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Office of the Fayette County Commonwealth's Attorney violated the Kentucky Open Records Act in failing to respond upon receiving the request of Jim Lattner for specified information and records concerning "Case No. 04-CR-0742." Although the Office of the Commonwealth's Attorney (to whom the request was directed), violated KRS 61.880(1) in failing to issue a written response, including a statement of the specific statutory exception authorizing the withholding of the requested records and a brief explanation of how the exception applies, within three business days of receipt, and opted not to respond upon receiving the notification of Mr. Lattner's appeal issued by this office, records of the type requested are permanently excluded from application of the Act pursuant to KRS 61.878(1)(h). In our estimation, 98-ORD-197 and 00-ORD-116, copies of which are attached hereto and incorporated by reference, are controlling on the facts presented. See 04-ORD-158; 04-ORD-151. With the exception of the noted procedural violation, the Office of the Fayette Commonwealth's Attorney did not violate the Open Records Act.
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.
Jim Lattner, # 159324Marion Adjustment Center, Bed E214B95 Raywick Rd.St. Mary, KY 40063
Ray LarsonFayette County Commonwealth's Attorney116 N. Upper Street, Suite 300Lexington, KY 40507