00-ORD-179

September 19, 2000

In re: Philip Golzer/Department of Corrections

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Department of Corrections violated KRS 61.880(1) and KRS 197.025(7) in failing to respond to Philip Golzer’s May 15, 2000, open records request in writing, and within five business days. Nevertheless, based on the reasoning set forth at pages 2 and 3 of 98-ORD-4, we conclude that the Department properly refused to honor Mr. Golzer’s request for statistical information which it apparently does not maintain. A copy of 98-ORD-4 is attached hereto and incorporated by reference.

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 proceedings.

Albert B. Chandler III

Attorney General

Amye L. Bensenhaver

Assistant Attorney General

#419

Distributed to:

Philip Golzer, #89083

P.O. Box 900

Beattyville, KY 41311

Tamela Biggs

Department of Corrections

Office of General Counsel

2439 Old Lawrenceburg Road

Frankfort, KY 40602-2400

LLM Summary

In 00-ORD-179, the Attorney General found that the Department of Corrections violated specific statutes by not responding in writing and within the required time to an open records request. However, it was also concluded that the Department was correct in refusing to provide statistical information it did not maintain, following the reasoning in 98-ORD-004.

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