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 Campbellsville Independent School District improperly denied Central Kentucky News-Journal Editor Rebecca Cassell's April 11, 2007, request for "copies of records with regard to the recent settlement entered in Taylor Circuit Court in case 03-CI-059, which was brought by Katherine J. Moss against the Campbellsville Independent School Board of Education." We find that 07-ORD-110, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. The disputed record "is a public record for open records purposes and must be disclosed to the public upon request unless it qualifies for exclusion under one or more of the exceptions to the Open Records Act," but, because the settlement agreement has been sealed by the court, "the issue of public access to the agreement, and related documentation, must be resolved by the court . . . ." 07-ORD-110, p. 1,2.
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.
Distributed to:
Rebecca Cassell
Diane Woods-Ayers, SuperintendentCampbellsville Independent Schools136 South Columbia AvenueCampbellsville, KY 42718
Regina A. JacksonEnglish Lucas Priest & Owsley, LLP1101 College StreetP.O. Box 770Bowling Green, KY 42102-0770