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