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 the Lexington-Fayette Urban County Government did not violate the Open Records Act in denying Edward Pettapiece's September 30, 2013, request to review the file of Risk Management Services Company (RMSC) relating to a property damage claim made by Mr. Pettapiece against the LFUCG arising out of a flood allegedly caused by an inadequate storm sewer system. RMSC acts as the agent of LFUCG in administering the LFUCG self-insurance retention fund by investigating claims, determining liability, denying or resolving claims, and working with the Department of Law or outside counsel when litigation is initiated. Following its investigation, RMSC on behalf of LFUCG denied Mr. Pettapiece's claim on September 26, 2013.
On September 30, 2013, Mr. Pettapiece submitted a request to Chris Welch, Senior Case Manager at RMSC, to inspect RMSC's "entire file" relating to his claim. 1 After receiving no response, he appealed to the Attorney General on October 14, 2013. 2
On October 29, 2013, Jacob Walbourn, attorney for LFUCG, responded to this appeal, citing KRS 61.878(1)(l), incorporating the attorney-client privilege and/or work product doctrine found at CR 26.02(3), and KRS 61.878(1)(i) and (j). It is the decision of this office that 08-ORD-120 and 00-ORD-99, copies of which are attached hereto and incorporated by reference, supports LFUCG's position and is dispositive of the issue on appeal. We therefore affirm the substantive denial of Mr. Pettapiece's September 30 request.
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:
Mr. Edward K. PettapieceMr. Chris WelchMichael R. Sanner, Esq.
Footnotes
Footnotes