January 25, 1993









IN RE: Gerald Kemper/Owen County Fiscal Court






This matter comes to the Attorney General on appeal from the actions of the Owen County Fiscal Court relative to a series of open records requests filed by Mr. Gerald Kemper. In his letter of appeal to this Office, Mr. Kemper states:


The encloses [sic] six letters were sent to Judge Horace D. West, Judge Executive Owen Fiscal Court, seeking copies of documents believed by me to within [sic] the official records of Owen Fiscal Court.


The sole response to these letters is a reply indicating these records are available in his office.


Judge West is in violation of the Open Records [sic] and I request that your office proceed to enforce the release as requested.


As indicated, Mr. Kemper has attached six letters in which he requested access to public records, but has not attached Judge West's response.


We are asked to determine if the Owen County Fiscal Court violated the Open Records Act in responding to Mr. Kemper's request. For the reasons set forth below, we conclude that Judge West properly responded to that request.


KRS 61.880(1) provides, in part:


Each public agency, upon any request for records made under KRS 61.870 to 61.884,










shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld.


Although we have not been provided with a copy of Judge West's response, as required by KRS 61.880(2), we assume that Mr. Kemper has accurately related the contents of that response. He states that Judge West advised him that the requested records "are available in his office." Accordingly, Judge West has notified him in writing of the Fiscal Court's decision to honor his request. Since he did not deny Mr. Kemper access to any record, he could not logically cite the specific exception authorizing nondisclosure or briefly explain how the exception applies to the record withheld. Based on the facts with which we have been provided, Judge West's actions appear to be entirely consistent with the Open Records Act. Mr. Kemper should call his office to arrange for inspection of the requested records.


Mr. Kemper may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.











Distributed to:


Hon. Horace D. West

Owen County Judge Executive

Owen County Fiscal Court

Owenton, Kentucky 40359












Hon. Gerald T. Kemper

109 N. Thomas Street

Owenton, Kentucky 40359