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.
No comments:
Post a Comment