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Opinion

Opinion By: Daniel Cameron,Attorney General;Marc Manley,Assistant Attorney General

Open Records Decision

Stephen Zoglman ("Appellant") submitted a request to the Daviess County Board of Education ("Board") seeking copies of all emails exchanged between an identified person and any Board member. The Board responded and produced 2,162 pages of responsive records. Appellant initiated this appeal and claims that he received an email in response to another request submitted to a different agency that the Board should have also produced. He claims this is proof that the Board has not provided all responsive records in its possession.

The Board has not denied Appellant's request. The Board has produced over 2,000 pages of responsive records. This Office is unequipped to resolve a claim that a public agency should have produced more records than were provided. See, e.g. , 20-ORD-100; 19-ORD-234; 19-ORD-083; 03-ORD-61; OAG 89-81. Accordingly, this Office is unable to find that the Board violated the Act.

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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.

LLM Summary
The Attorney General's office determined that it is unable to resolve claims regarding whether a public agency, in this case, the Daviess County Board of Education, should have produced more records than were provided. The Board had already produced over 2,000 pages of responsive records, and the Attorney General's office cited previous decisions indicating its limitations in such matters. The decision concludes that the Board did not violate the Act and informs the appellant of the right to appeal in circuit court.
Disclaimer:
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Requested By:
Stephen Zoglman
Agency:
Daviess County Board of Education
Type:
Open Records Decision
Lexis Citation:
2020 KY. AG LEXIS 486
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