NOT TO BE PUBLISHED

96-ORD-112

May 15, 1996

In re: Daily News/Barren River District Health Department

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 Barren River District Health Department violated provisions of KRS 61.870 to 61.884 in denying Daily News city editor, Robyn L. Minor's, request for access to and a copy of the settlement agreement between the Barren River District Health Department and its former director Chuck Bunch. We believe that 94-ORD-72, and the authorities cited therein, are controlling. A copy of 94-ORD-72 is attached hereto, and incorporated by reference. The Barren River District Health Department is directed to immediately arrange for Ms. Minor to inspect the record identified in her request.

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

ALB/485

Enclosures

Distributed to:

Hoy P. Hodges, Esq.

Hodges & Haynes

511 East 10th Avenue

P.O. Box 1865

Bowling Green, Kentucky 42101-1865

Robyn L. Minor

City Editor

Daily News

Post Office Box 90012

Bowling Green, Kentucky 42102-9012