AG: Watts, Filiatreau did not violate Open Records Act in Trzop records request

NC GAZETTE / WBRT RADIO
STAFF REPORT

PETE TRZOP

Thursday, Oct. 2, 2014 — The Kentucky Attorney General’s office has determined that neither Judge Executive Dean Watts nor Nelson County Clerk Elaine Filiatreau violated the state’s Open Records laws in their handing of records requests from Pete Trzop, Republican candidate for Nelson County judge executive.

In his August records request, Trzop requested copies of appointments made by Watts in his role as judge executive. In his response to Trzop’s request, Watts said the appointments he makes and are approved by Nelson Fiscal Court are recorded in the Fiscal Court Order books kept by the Nelson County Clerk.

In a response to Trzop’s records request, Nelson County Clerk Elaine Filiatreau said the order books are available for public inspection during regular office hours and asked that he visit and inspect the records in person. The office staff can make copies of specific records he identifies for 50 cents a copy.

In their opinion issued Tuesday, the AG’s office found that Watts properly referred Trzop to the clerk’s office where the records he initially requested were located, and Watts thus did not violate the Open Records Act.

The AG’s office cited a 2003 opinion that found Filiatreau’s request for Trzop to inspect the records prior to receiving copies reasonable, and therefore it did not violate the Open Records Act. In the 2003 opinion, the AG ruled the county clerk was not required “to make extraordinary efforts to identify, locate, and retrieve the record” requested.

Trzop also took issue with the county clerk’s 50 cents-per-copy fee. However the AG found that the county clerk’s fee was specifically authorized by state law and not subject to the per copy cost restrictions found in the Open Records Act.

The attorney general’s decision can be appealed by either party in Nelson Circuit Court.

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