Opinion
Opinion By: Gregory D. Stumbo,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 Administrative Office of the Courts did not violate the Open Records Act in the disposition of State Journal reporter Nicole Sliger's October 21, 2005, request for access to "the personnel files of Sally Leeann Campbell." It is the decision of this office that 02-ORD-24, a copy of which is attached hereto and incorporated by referenced, is dispositive of the issue on appeal. Although this office has encouraged AOC to consider whether "the policies of openness evinced by the Open Records Act should be accepted as a matter of comity" 1 with regard to records of the courts and judicial agencies that are of a non-deliberative nature, the decision whether to release such documentation ultimately rests with AOC and the courts per the referenced legal authorities. We therefore find no error in AOC's disposition of Ms. Sliger'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.
Nicole SligerThe State JournalP.O. Box 368Frankfort, KY 40602
Leigh Ann Hiatt, APRPublic Information OfficerAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601
Scott FurkinGeneral CounselAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601
Footnotes
Footnotes
1 04-ORD-037 (enclosed).