NOT TO BE PUBLISHED
96-ORD-188
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
967
Enclosure
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