00-ORD-167
August 31, 2000
In re: Harold Brown/Kentucky State Police
Open Records Decision
This matter comes to the Attorney General on appeal from the Kentucky State Police's (KSP) denial of Mr. Harold Brown’s request for copies of the police reports in KSP cases #26-98-109 and 26-98-128.
By letter, Ms. Diane H. Smith, Official Custodian of Records, Kentucky State Police, relying upon KRS 61.878(1)(l) and KRS 17.150(2), denied Mr. Brown’s request, stating these cases were still considered active by the agency.
After receipt of Mr. Brown’s letter of appeal, Ms. Smith, by response to this office dated August 17, 2000, confirmed that, as of that date, the case was still actively being investigated by KSP officers and thus the case files were exempt under KRS 17.150(2).
For the reasons that follow, it is the decision of this office that the Kentucky State Police acted consistently with the Open Records Act in denying access to the requested records.
KRS 61.878(1)(l) provides in pertinent part:
The following public records are excluded from the application of KRS 61.870 to 61.884 and shall be subject to inspection only upon order of a court of competent jurisdiction;
. . .
(l) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.
KRS 17.150(2) provides for the nondisclosure of intelligence and investigative reports maintained by criminal justice agencies prior to the completion of the prosecution or the decision not to prosecute has been made.
This office has stated in numerous past opinions that a Kentucky State Police case file is not open for inspection while the investigation is ongoing. 95-ORD-15, 93-ORD-98, OAG 91-8, and OAG 90-143. Accordingly, it is the decision of this office that the KSP properly denied Mr. Brown’s request for the Kentucky State Police’s case file in this matter on the basis that the investigation was still open and ongoing. The agency’s denial is in accord and consistent with KRS 61.878(1)(l) and KRS 17.150(2).
Once the KSP’s current investigation and legal action have been completed or a decision has been made to take no legal action, the records requested will be subject to public inspection unless excluded by another applicable statutory exception to the right of public inspection. OAG 90-143.
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.
Albert B. Chandler III
Attorney General
James M. Ringo
Assistant Attorney General
#481
Distributed to:
Harold Brown #117963
Northpoint Training Center
P.O. Box 479
Burgin KY 40310
Diane H. Smith
Official Custodian of Records
Kentucky State Police
919 Versailles Road
Frankfort KY 40601