Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 Dismas Charities, Inc., is not a public agency for open records purposes and therefore cannot be said to have violated the Open Records Act in the disposition of Quency Taylor's May 8, 2009, request for a copy of an incident videotape. As a basis for this decision, we adopt 09-ORD-085 (copy attached), in which we recently made this determination under KRS 61.870)(1)(h) with regard to Dismas Charities, Inc.
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:
Quency Taylor, #210512 D-6Jan KempfIan T. Ramsey, Esq.