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Opinion

Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This open records appeal having been submitted to the Office of the Attorney General, and the Attorney General being sufficiently advised, we find that University Medical Center, Inc., violated the Open Records Act in denying Courier-Journal reporter Patrick Howington's August 1, 2011, request for a copy of the "agreement by University Hospital, the James Graham Brown Cancer Center, and/or University Medical Center to merge with Jewish Hospital and St. Mary's Health Care and St. Joseph Health System" and "the letter of intent that [UMC] and the other merger entities announced on November 11, 2010. . . ." Because Mr. Howington's request and UMC's denial are nearly identical to the request and denial we analyzed in 11-ORD-157, that open records decision is dispositive of the issues presented in this appeal. 1 A copy of 11-ORD-157 is attached hereto and incorporated by reference. In 11-ORD-157, the Attorney General determined that UMC is a public agency as defined in KRS 61.870(1)(j) and that the agency presented insufficient proof to support its claim that the requested records are protected from disclosure by KRS 61.878(1)(c)1. We reach the same conclusion in the appeal before us.

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:

Jon L. FleischakerTom Halbleib

Footnotes

Footnotes

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
The Courier-Journal
Agency:
University Medical Center, Inc.
Type:
Open Records Decision
Lexis Citation:
2011 Ky. AG LEXIS 164
Cites:
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