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 Pennyrile District Health Department did not violate provisions of the Open Records Act in the disposition of James R. Solomon's February 24, 2010, request for "conclusions or findings" identifying the illness that afflicted inmates at Western Kentucky Correctional Complex on February 16, 2009. The District provided Mr. Solomon with copies of all available records including the final report relating to the illness.
We find that 07-ORD-188, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. In the absence of a prima facie showing by the requester that additional records exist, we are obligated under the rule announced in
Bowling v. Lexington-Fayette Urban County Government, 172 S.W.3d 333 (Ky. 2005), and implemented in 07-ORD-188, to affirm the Pennyrile District Health Department's position.
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.
James R. Solomon, # 135190, 7C-D4Elisha KiteJim Tolley