Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, 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 Kenton Circuit Court Clerk is not bound by the provisions of the Open Records Act, and therefore cannot be said to have violated the Act in the disposition of Gregory Saylor's request for a copy of "the investigative report of Ron Luebbe, M.D., Deputy Coroner, Kenton County, on August 26, 1999 at 2902 Decoursey Apt. # 2, Covington, Ky. 41015 of Roy Faulconer." We believe that 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented.
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.
Gregory Saylor, # 148772Little Sandy Correctional ComplexRoute 5, Box 1000Sandy Hook, KY 41171
Karen M. LinnKenton Circuit Court ClerkJustice Center230 Madison AvenueCovington, KY 41011