Good advice on using reminders and persistence to track down public records.

Amye's Note: This article deals with Texas's open records law.

Kentucky's open records law does not require that a case be "closed," and all appeals exhausted, before records in an investigative file are accessible.

KRS 61.878(1)(h) has been construed by the Kentucky Supreme Court in City of Ft. Thomas v Cincinnati Enquirer to require a law enforcement agency to review an open investigation file and release any records within the file if the agency cannot identify "actual concrete harm" from premature disclosure.

The agency can withhold investigative records if it can demonstrate actual harm from disclosure of those records while the investigation/prosecution is ongoing.

Hypothetical or speculative harm is not sufficient. For example, the argument that disclosure might "taint the jury pool" or "prejudice potential witnesses" is not a sufficient showing of harm.

There is no reason to wait until a case is "closed" in Kentucky to begin making records requests. The burden rests with the law enforcement agency to prove harm from disclosure of particular records in the file while the case the case is open.

However, prosecutors' (county and Commonwealth's Attorney) criminal litigation files, which may contain some of the same investigative records, are permanently exempt under our open records law. Don't bother to ask.

This article contains good advice on maintaining a "tickler" system for your open records requests—especially if you make several requests at one time or over a short period of time. And following up with the agency to ascertain the status of your request, if the agency misses a deadline, is advisable.

If you've appealed an agency denial to the attorney general, you may also consider contacting that office ((502)696-5300) if you do not receive notification of receipt of your appeal within three to five days, or if you do not receive a copy of the agency's written response to your appeal (due within five days of the AG's receipt of an open records appeal/three days of the AG's receipt of an open meetings appeal). You are entitled to a copy of the agency's written response, but agencies occasionally fail to provide a copy.

The AG regularly extends the five day/three day deadline for agency response to an appeal. Calling his office and confirming that an extension was granted is advisable. The AG will also provide you with a copy of the agency's written response if the agency fails to send you one and you request a copy from the AG. The AG will not automatically send you a copy of the response unless you ask.

Keep the lines of communication open.