Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Kentucky State University violated the Open Records Act by failing to respond to Jason L. Chapman's October 20, 1997, request for access to:
1. The dispatcher's log for August 22-August 23, 1997;
2. The audio recordings of radio transmissions from the dispatcher to patrol officers from 9:45 p.m. on August 22, 1997, to 5:30 a.m. on August 23, 1997; and
3. Jason Chapman's complete personnel file.
We find that KSU did, in fact, violate the Act.
Having received no response to his October 20 open records request, Mr. Chapman initiated this appeal on December 17, 1997. On December 19, 1997, the Attorney General sent a copy of his letter of appeal, along with our notification of receipt of open records appeal, to KSU President Mary Smith and KSU General Counsel Harold Greene. Although that notification clearly states that pursuant to 40 KAR 1:030 Section 2, "the agency may respond to this appeal," we received no response to our notification, and have not been advised that KSU has taken any action relative to Mr. Chapman's request.
Kentucky State University's failure to respond to Mr. Chapman's October 17 request in a proper and timely fashion constitutes a violation of KRS 61.880(1). That statute provides:
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.
This Office has not been presented with any reason for KSU's repeated failure to conform its conduct to the clear requirements of the Open Records Act. KSU had not one but two opportunities to comply with KRS 61.880(1) by responding to Mr. Chapman's original request and by responding to his request upon receipt of this office's notification of appeal. KSU took no action.
Kentucky State University is directed to immediately release the records identified in Mr. Chapman's request for his inspection and copying.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.