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AG: Beshear's Upcoming Schedule Not Open Record

By Tony McVeigh

Frankfort, KY – An attempt to receive a schedule of Kentucky Gov. Steve Beshear's future public appearances has been turned back by the attorney general's office. In October, through an Open Records request, Mikel Fitch attempted to receive copies of Gov. Beshear's public appearance schedule for the coming year. Fitch also challenged his exclusion from the schedule's distribution list. When he received no quick response, Fitch appealed to the attorney general's office. The AG's office says the governor's staff should have been more prompt, but was generally correct when it later refused the information sought.

The seven-page opinion says the Open Records Act does not mandate release of the governor's future schedule. However, once the schedule is released, it becomes a public record and subject to inspection. As to Fitch's exclusion from the distribution list, the opinion says that's not an issue that can be challenged under the Open Records Act. Any party aggrieved by the opinion may appeal to circuit court.