Tuesday, November 8, 2016

Worthington Hills violated Open Records when city workers failed to respond to request

Public agencies must response to all Open Records request.

In In re: Bob Stonum/City of Worthington Hills, 16-ORD-187,  the office of Attorney General Andy Beshear issued an opinion on Aug. 31, 2016.

On July 19, 2016 Stonum, a city commissioner, requested banking statements from the city for specified months.

The city’s clerk contacted the mayor and city attorney, explaining they did not have time or interest to comply. The city attorney sided with Stonum, stating he should be given access to the records.

Only July 25, the city clerk notified elected officials that the request would be complied with, but that as they were only part-time employees and there was daily work that needed to be handled on a first priority basis, they would get to it, even though it had been over the three-day timely response period.

Stonum appealed on July 28, and the city decided not to respond.

Beshear found that the city violated KRS 61.880(1) in failing to respond within three days and the employees, even though part-time and with other responsibilities, still had a legal obligation to respond and fulfill Stonum’s request.

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