NOT TO BE PUBLISHED

96-ORD-162

July 22, 1996

In re: The Bourbon Times/Bourbon County Fiscal Court

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 Bourbon County Fiscal Court violated KRS 61.880(1) by failing to respond in writing, and within three business days, to The Bourbon Times's June 26, 1996, request to inspect the “complaint that prompted the suspension of Bourbon County Fire Chief Tim Foley and resulting disciplinary action.” We further find that the fiscal court improperly relied on KRS 61.878(1)(a) in verbally denying the request. We believe that OAG 91-41, a copy of which is attached hereto and incorporated by reference, is controlling. The Bourbon County Fiscal Court is directed to immediately arrange for Times editor Lynne Wornall to inspect the records 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(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.

A. B. CHANDLER III

ATTORNEY GENERAL

AMYE L. BENSENHAVER

ASSISTANT ATTORNEY GENERAL

aps/833

Enclosure

Distributed to:

Charles R. “Bugs” Hinkle

County Judge/Executive

Bourbon County Courthouse

Paris KY 40361

Lynne Wornall

Editor

The Bourbon Times

P. O. Box 777

Paris KY 40361

John J. Brady

Bourbon County Attorney

204 Courthouse

301 Main Street

Paris KY 40361