Opinion
Opinion By: Jack Conway, 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 Office of the Governor did not violate the Open Records Act in the disposition of Mikel E. Fitch's November 16, 2009, request for a copy of "the public appearance schedule of Kentucky Governor Steve Beshear for the time period November 16, 2009, to November 30, 2009." It is the decision of this office that 09-ORD-203, a copy of which is attached hereto and incorporated by reference, is controlling. The Governor's Office issued a timely written response on November 19, 2009, and provided Mr. Fitch with a copy of the only existing record responsive to his request, the November 16 through November 22 schedule. The Governor's Office denied his request for "records of the Governor's public schedule for dates in the future, up to and including November 30, 2009," explaining that these records did not yet exist. Based on this office's analysis in 09-ORD-203, we find no error in this response.
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.
Mikel E. FitchMichael T. Alexander