Request By:
Detective Vernon Flaherty
Jefferson County Police Department
600 West Jefferson Street
Louisville, Kentucky 40202
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Cicely D. Jaracz, Assistant Attorney General
Mrs. Vicky Roberts has appealed to the Attorney General pursuant to KRS 61.880 your denial of her request to inspect certain records of the Jefferson County Police Department. Specifically, Mrs. Roberts requested to inspect the following records regarding the arrest of her brother-in-law, Frank M. Roberts, pertaining to his March 3, 1977 arrest for possession of stolen property valued over $100 and his June 15, 1977 arrest for theft by unlawful taking over$ 100 :
1. Police investigation reports in each arrest and case;
2. Police dispatch calls & reports in each case;
3. All written or typed statements of Frank M. Roberts, and that of any witnesses;
4. All arrest warrants & their supporting affidavits;
5. All search warrants & their supporting affidavits; and,
6. Any and all other records, reports, statements and documents pertaining to each arrest and case.
According to Mrs. Roberts, she submitted this written request twice and you orally denied her request twice on the basis that the records were not open to public inspection. She also states that you refused to provide her with a written denial stating the exemptions upon which you relied in denying inspection.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that, contingent upon the cases being final and subject to the exemptions of KRS 17.150(2), your denial was improper under the Open Records law.
Once prosecution is complete and final disposition is made, police records of a case are open to public inspection. Prosecution continues until appellate actions are final. OAG 83-356. Therefore, until judgment is rendered by the last appellate court to which the conviction is taken, the prosecution is not complete and the records are not open. Thereafter inspection is limited by the exemptions stated in KRS 17.150(2):
"Intelligence and investigative reports maintained by criminal justice agencies are subject to public inspection providing prosecution is completed or a determination not to prosecute has been made. However, portions of such records may be withheld from inspection if such inspection would disclose:
(a) The name or identity of any confidential informant or information which may lead to the identity of any confidential informant;
(b) Information of a personal nature, the disclosure of which will not tend to advance a wholesome public interest or a legitimate private interest;
(c) Information which may endanger the life or physical safety of law enforcement personnel; or
(d) Information contained in such records to be used in a prospective law enforcement action."
Provided that, as Mrs. Roberts indicates, final disposition has been made in both the June 15, 1977 and March 3, 1977 arrests, including any appellate actions, these police records should be open to public inspection subject to the KRS 17.150(2) exemptions.
Furthermore, your oral denials to Mrs. Roberts were not in compliance with the procedures outlined by KRS 61.880. KRS 61.880(1) requires a public agency to determine within three (3) days (excluding weekends and holidays) after the receipt of a request to inspect public records whether to comply. The agency is then directed to notify, in writing, the person making the request of its decision within the three (3)-day period. A denial of inspection is to include a statement of the specific exception authorizing the denial and a brief explanation of the exception's application. A copy of this written denial is to be forwarded to the Attorney General.
A copy of this opinion is being sent to the requestor. Should you decide not to comply with this opinion, you may initiate further proceedings pursuant to KRS 61.880(5).