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 Elizabethtown Fire Department properly relied on KRS 61.878(1)(h) in denying Dwight Preston's requests for records compiled in the course of its investigation "concerning fire or theft which occurred on property located at 105 Carstwood Court, Elizabethtown, Kentucky, 42701 on or about April 15, 2005." We believe that 06-ORD-200 and 98-ORD-30, copies of which are attached hereto and incorporated by reference, are controlling. In a supplemental response to this office, dated March 27, 2007, counsel for the Department advised that the investigation is still ongoing and conferences have been recently held regarding the remaining testing on materials associated with the fire. Counsel further advised that the City Police and Fire Departments are working to conclude the investigation as quickly as possible and, if a decision is made to take no action in the matter, the records will be released to requesting counsel forthwith.
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.
Dwight Preston
Deborah L. Shaw