NOT TO BE PUBLISHED

December 23, 1997

In re: Jeffrey A. Guelda/Floyd Circuit Court Clerk

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 Floyd 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 to Jeffrey A. Guelda’s request. We believe that 96-ORD-173, a copy of which is attached hereto and incorporated by reference, is controlling.

Although not bound by the Open Records Act, the Floyd Circuit Court Clerk responded to the Mr. Guelda’s open records request and letter of appeal by informing him the Clerk’s office had been unable to find any case in either the Floyd District or Circuit Court in which Jeffrey A. Guelda was either a plaintiff or defendant. Moreover, the Clerk agreed to assist Mr. Guelda in his effort to find the records he seeks should he provide the Clerk with the style of the case, case number, and a description of the specific documents requested, as required by KRS 61.872(3)(b).

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.

Albert B. Chandler III

Attorney General

James M. Ringo

Assistant Attorney General

#1207

Enclosure

Distributed to:

Jeffrey A. Guelda

12000 Goff Lane

Fairdale, Kentucky 40118

Frank DeRossett, Jr.

Floyd Circuit Court Clerk

P.O. Box 109

Prestonsburg, Kentucky 41653