Request By:
Ms. Diane H. Smith
Official Custodian of Records
Kentucky State Police
919 Versailles Road
Frankfort, Kentucky 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; William B. Pettus, Assistant Attorney General
Joe T. Roberts, attorney employed by Monroe Callahan, administrator of the estate of decedent James Ford Callahan, has appealed your October 24, 1990, denial of his request to inspect certain public records. Mr. Roberts made an open records request by letter dated October 23, 1990. This open records request included an authorization signed by Monroe Callahan. This request sought inspection of the state police investigation report on the death of James Ford Callahan on February 20, 1990, in Leslie County, Kentucky. Mr. Roberts also sought inspection of all medical and autopsy reports in the possession of the Kentucky State Police.
You denied this request by letter dated October 24, 1990. You stated that the investigative file is still considered an open and active case file and further stated as follows:
KRS 61.878(1)(j) exempts records made confidential by separate statute. KRS 17.150(2) exempts law enforcement files or cases which have not been closed. The records you seek are part of an open case and, therefore, are exempt from inspection.
Mr. Roberts appealed this denial by letter dated December 10, 1990, and requested a written opinion from this Office on whether your agency has acted consistently with the provisions of the Open Records Law. This letter of appeal did not contain any argument or reason as to why your denial may have been improper. The undersigned Assistant Attorney General talked with Mr. Roberts by telephone on December 13, 1990, and Mr. Roberts did not provide any verbal reason as to why your denial may have been improper.
OPINION OF THE ATTORNEY GENERAL
KRS 61.880(1) provides in part as follows:
Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days . . . whether to comply with the request and shall notify in writing the person making the request . . . of its decision. An agency response denying . . . 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.
Your response complied in every respect with the requirements of KRS 61.880(1). Furthermore, this Office concludes that your reliance upon the exemption of KRS 61.878(1)(j) and KRS 17.150(2) is proper and consistent with the provisions of KRS 61.870 to 61.884. This Office has consistently and repeatedly held that open and active investigative files of the Kentucky State Police are exempt from inspection. See OAG 90-143. [Copy enclosed. ] Furthermore, this Office has previously held that medical or autopsy reports are also exempt from inspection. See OAG 83-223 and 82-458. [Copies enclosed. ]
As required by statute, a copy of this opinion is being mailed to Mr. Joe T. Roberts, who may institute proceedings within 30 days for injunctive or declaratory relief in the circuit court of the district where the public records are maintained.