November 12, 1996

In re: Jeffery Helton/Kentucky State Police

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 Kentucky State Police did not violate the provisions of the Kentucky Open Records Act in denying to Mr. Helton's request for records pertaining to an ongoing law enforcement investigation. We believe that 96-ORD-76, a copy of which is attached hereto and incorporated by reference, is controlling.

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:

Jeffery W. Helton

Helton & Helton

P. O. Drawer 740

Pineville KY 40977

Diane H. Smith

Custodian of Records

Kentucky State Police

919 Versailles Road

Frankfort KY 40601