Request By:
Mr. Frank Welch
Principal
Belfry High School
Belfry, Kentucky 41514
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Thomas R. Emerson, Assistant Attorney General
Mr. Charles W. Bonta, III has appealed to the Attorney General pursuant to KRS 61.880 your handling of his request to inspect various records in the custody and possession of the school and the school system.
In a letter to you dated February 25, 1988, sent by certified mail and received by your office on February 29, 1988, Mr. Bonta requested copies of "any and all documents in the possession of Belfry High School and/or its employees that mention me in relation to my son." Mr. Bonta's letter was accompanied by a "request for inspection of records" form and a check payable to Belfry High School in the amount of $2.00 for postage and photostatic copies.
Mr. Bonta's letter of appeal was received by this office on March 17, 1988. Not only have you not furnished him with copies of the documents he requested but you never responded in writing to his letter to you, dated February 25, 1988.
OPINION OF THE ATTORNEY GENERAL
Since it appears from the information and materials made available to this office that your school did receive Mr. Bonta's letter of February 25, 1988, you have violated the terms and provisions of KRS 61.880(1), a section of the Kentucky Open Records Act (KRS 61.870 to KRS 61.884), which reads as follows:
Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days (excepting Saturdays, Sundays, and legal holidays) after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority, and it shall constitute final agency action. (Emphasis supplied).
Thus, the public agency (the school and the school system in this situation) is mandatorily required to notify the requesting party of its decision in writing within three working days after the receipt of the letter requesting to inspect and copy records. The written notice should advise the requesting party that the records in question will be made available for inspection or it should set forth specific reasons, citing the particular statutory exceptions to public inspection upon which it is relying, why the records cannot be inspected. It is a violation of the Open Records Act, specifically KRS 61.880(1), when no written response is made by the public agency within the specified time period to a request to inspect public records. See OAG 87-60, OAG 87-83 and OAG 87-16, copies of which are enclosed.
It is, therefore, the opinion of the Attorney General that you have violated the Open Records Act, specifically KRS 61.880(1), by your refusal to respond in writing to the request to inspect public records. You not only did not respond within the statutorily imposed time frame but you apparently still have not responded. You should immediately advise the requesting party in writing whether he may inspect the documents in question and if the request is denied you must set forth the statutorily authorized exception to public inspection upon which you are relying.
As required by statute a copy of this opinion is being sent to the requesting party, Mr. Charles W. Bonta, III. If you and the school system disagree with this opinion or decide not to comply with the findings and conclusions expressed herein, you may initiate further proceedings in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.