Annotation for 354 S.W.3d 598

Whether the assessment of penalties will have any coercive effect is not a proper consideration under KRS 61.882(5); rather, the only basis upon which penalties may be awarded is a finding that the officials’  noncompliance with the Kentucky Open Records Act was willful. Even though the trial court erred by making this improper consideration, a reversal was not warranted because an inmate requesting certain records waived the right to contest the error where he did not raise the issue of willfulness. Eplion v. Burchett, 354 S.W.3d 598, 2011 Ky. App. LEXIS 215 (Ky. Ct. App. 2011).