September 10, 1996

In re: William Abel/Cabinet for Families and Children

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 Cabinet for Families and Children violated KRS 61.880(1) and KRS 61.872(5) by failing to afford Mr. William Abel timely access to any nonexempt public records identified in his July 31, 1996, open records request. We believe that 93-ORD-134, and in particular the discussion at pages 9 through 12, is controlling. A copy of that decision is attached hereto and incorporated by reference. See also, 96-ORD-168, at pages 3 and 4. The Cabinet is directed to immediately release all nonexempt records which Mr. Abel requested.

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.

A. B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

Elaine Campbell

Records Section Supervisor

Cabinet for Families and Children

275 East Main Street

Frankfort KY 40601

William Abel #116007

Eastern Kentucky Correctional Complex

P. O. Box 636

West Liberty KY 41472