2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.882 Jurisdiction of Circuit Court in action seeking right of inspection -- Burden of proof -- Costs -- Attorney fees.
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61.882 Jurisdiction of Circuit Court in action seeking right of inspection -Burden of proof -- Costs -- Attorney fees.
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The Circuit Court of the county where the public agency has its principal place
of business or the Circuit Court of the county where the public record is
maintained shall have jurisdiction to enforce the provisions of KRS 61.870 to
61.884, by injunction or other appropriate order on application of any person.
A person alleging a violation of the provisions of KRS 61.870 to 61.884 shall
not have to exhaust his remedies under KRS 61.880 before filing suit in a
Circuit Court.
In an appeal of an Attorney General's decision, where the appeal is properly
filed pursuant to KRS 61.880(5)(a), the court shall determine the matter de
novo. In an original action or an appeal of an Attorney General's decision,
where the appeal is properly filed pursuant to KRS 61.880(5)(a), the burden of
proof shall be on the public agency. The court on its own motion, or on motion
of either of the parties, may view the records in controversy in camera before
reaching a decision. Any noncompliance with the order of the court may be
punished as contempt of court.
Except as otherwise provided by law or rule of court, proceedings arising under
this section take precedence on the docket over all other causes and shall be
assigned for hearing and trial at the earliest practicable date.
Any person who prevails against any agency in any action in the courts
regarding a violation of KRS 61.870 to 61.884 may, upon a finding that the
records were willfully withheld in violation of KRS 61.870 to 61.884, be
awarded costs, including reasonable attorney's fees, incurred in connection
with the legal action. If such person prevails in part, the court may in its
discretion award him costs or an appropriate portion thereof. In addition, it shall
be within the discretion of the court to award the person an amount not to
exceed twenty-five dollars ($25) for each day that he was denied the right to
inspect or copy said public record. Attorney's fees, costs, and awards under
this subsection shall be paid by the agency that the court determines is
responsible for the violation.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 163, sec. 7, effective July 14, 1992. -Created 1976 Ky. Acts ch. 273, sec. 7.
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