Opinion
Opinion By: Chris Gorman, Attorney General; Amye B. Majors, Assistant Attorney GeneralChris Gorman, Attorney General; Amye B. Majors, Assistant Attorney General
OPEN RECORDS DECISION
This matter comes to the Attorney General on appeal from the City of Newport's denial of Mr. John C. K. Fisher's request for copies of certain documents in the City's custody. Those records are identified as "any and all Newport city phone records from April 1, 1992 to July 1, 1992 . . . any police reports and phone records dealing with an administrative and police investigation regarding former Newport mayor Steve Goetz . . . stemming from the improper use of a city telephone and other related matters." Mr. Fisher, a reporter with The Kentucky Post, states that Mayor Goetz resigned on August 17 following a series of incidents involving misuse of the City's phones.
On behalf of the city, Mr. James E. Parsons, City Manager, denied Mr. Fisher's request in a letter dated August 26, 1992. Relying on KRS 61.878(1)(a) and (g), he explained, "There is an ongoing investigation being conducted by the Kentucky State Police which may lead to criminal charges." We have been advised by Mr. Parsons that this matter has since been referred to the Attorney General's office for appointment of a special prosecutor.
The single issue presented in this open records appeal is whether the City of Newport properly relied on KRS 61.878(1)(a) and (g) in denying Mr. Fisher's request. Based on the reasoning set forth in OAG 91-92, OAG 91-124, and OAG 91-132, 1 and the authorities cited therein, we conclude that the City properly denied Mr. Fisher's request. In those opinions, copies of which are attached, we held that investigative files and reports maintained by criminal justice agencies are not subject to inspection until after prosecution is completed or a determination not to prosecute is made. Mr. Parson's actions on behalf of the City of Newport were therefore entirely consistent with the Open Records Act.
Mr. Fisher may challenge this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882.
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