NOT TO BE PUBLISHED

97-ORD-104

June 30, 1997

In re: James Robert Whitehead/ Green County Circuit Court Clerk

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 Green County Circuit Court Clerk is not bound by the provisions of the Kentucky Open Records Act, and therefore cannot be said to have violated the provisions of the Act by failing to respond within three business days to James Robert Whitehead's request. We believe that 96-ORD-173, 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

#620

Enclosure

Distributed to:

James Whitehead #102667

Eastern Kentucky Correctional Complex

P. O. Box 636

West Liberty KY 41472

John Frank

Green Circuit Court Clerk

203 W. Court Street

Greensburg KY 42743