Government: BAKER V. JONES (COA; 1/20/2006)

BAKER V. JONES
Government – Open Records Statute (Inadvertent Disclosure, Waiver of exemption)
2004-CA-002126
Published   
Affirming (Vanmeter, Presiding Judge)
Date: 1/20/2006

This appeal dealt with an Open Records Request for emails, memos, and other documents pertaining to the legal bills of attorney Steven Catron to the City of Bowling Green which was identified in a local newspaper article.  When part of the request was denied based upon the vagueness of the request and the confidentiality of the emails drafted between members of the council etc., Baker filed suit.  COA held records of a public agency which are preliminary in nature are not required to be disclosed under the Kentucky Open Records Act, and the inadvertent or unauthorized disclosure of emails to a local newspaper reporter did not constitute a waiver of the disclosure exemption. Affirmed the judgment of the Warren Circuit Court.