Skip to main content

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 Hardin County School District improperly relied on KRS 61.878(1)(i) and (j) in denying News-Enterprise reporter Kelly Cantrall's June 4, 2013, request for access to and copies of "all records of complaints or charges made against [New Highland Elementary Principal Mark] Thomas and all records relating to the resolution of those charges." Because the records requested, and the arguments advanced by the district in support of its denial, are identical to those in 13-ORD-121, that open records decision is dispositive of the issues on appeal. A copy of 13-ORD-121 is attached hereto and incorporated by reference. Here, as in the referenced decision, "[w]e find that the district's reliance on KRS 61.878(1)(i) and (j) to deny [Ms. Cantrall's] request was misplaced and that its position that a threatened defamation action by Mr. Thomas's attorney precludes disclosure of the requested records is legally unsupportable."

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:

Ben Sheroan, EditorDavid T. Wilson, II

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 News-Enterprise
Agency:
Hardin County School District
Type:
Open Records Decision
Lexis Citation:
2013 Ky. AG LEXIS 139
Cites:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.