October 16, 1996

In re: Tony Peyton/Regional Airport Authority of Louisville and Jefferson County

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 Regional Airport Authority of Louisville and Jefferson County properly denied Tony Peyton's August 28, 1996, request for “a copy of any final determination of any violations for the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 343 that apply to Quality Insulation, subcontractor to Hussing Mechanical, Inc., performing work on the Air Traffic Control Project,” on the grounds that no such records exist. We believe that 94-ORD-65, a copy of which is attached hereto and incorporated by reference, is controlling, and particularly the discussion found at page 3 of that decision. The question of whether the Authority is bound by the cited chapters of the Kentucky Revised Statutes is outside the scope of an open records appeal.

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:

Tony Peyton

International Association of Heat

and Frost Insulators & Asbestos Workers

Local 51

2902 South 7th Street

Louisville KY 40216

Rande N. Swann

Public Relations Director

Louisville and Jefferson county

Regional airport Authority

P.O. Box 9129

Louisville KY 40209-0129

W. Thomas Halbleib, Jr.

Stites & Harbison

Suite 1800, 400 West Market Street

Louisville KY 40202