Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the Carroll County Detention Center relative to the open records request of John Todd Kemper for certain records pertaining to him violated the Open Records Act. For the reasons that follow, we conclude that the agency's response was procedurally deficient in failing to timely respond to Mr. Kemper's request and to advise him as to a date and time certain in which he would be provided with copies of the requested records.
By letter dated October 5, 2001, Mr. Kemper requested copies of "all files that the jail has on me including all logs that my name is on. I was there from March 9, 1998 to January 8, 1999. I need any and all papers that you have on myself. Booking # 960138 and Jacket # 4539. Cell # 125. . . ."
In his letter of appeal, dated October 22, 2001, Mr. Kemper indicated that he had yet to receive a response to his request.
After receipt of notification of Mr. Kemper's appeal and a copy of his letter of appeal, Michael W. Humphrey, Jailer, by letter dated October 30, 2001, provided this office with a response to the issues raised in the appeal. In his response, Mr. Humphrey provided a copy of the agency's October 22, 2001 response to Mr. Kemper's open records request, which stated:
Due to the abundance of files we have, we will need more time to retrieve the documents you have requested than the Open Records Act has allotted. Also, due to flood damage of the storage basement, some of the records you have requested may have been destroyed.
We will with all possible speed send the documents you have requested.
We are asked to determine whether the response of the Carroll County Detention Center constituted a violation of the Open Records Act. For the reasons that follow, the response was procedurally deficient.
KRS 61.880(1) and KRS 197.025(7) require that a jail or detention facility respond to an inmate's open records request in writing within five business days after receipt of the request. To the extent its response was outside this five-day requirement, it was procedurally deficient.
Moreover, the response was also procedurally deficient in that it did not set forth a time certain in which the records would be made available for inspection.
The Open Records Act requires that, if the delay is to be in excess of five working days after an inmate's open records request has been made, the agency is required to immediately notify the requester and provide a detailed explanation of the cause for further delay and give a place, time and earliest date on which the public record will be available for inspection. KRS 61.872(5).
In the instant case, the Detention Center's response failed to provide the earliest date on which copies of the requested records would be provided. Mr. Kemper was advised that due to the abundance of agency records more time than allowed by the Open Records Act would be needed to locate the requested records and they would be provided with "all possible speed. " This portion of the agency's response was procedurally deficient and inconsistent with the requirements of KRS 61.880(1) and KRS 61.872(5). The response should have notified him of the earliest date he could expect to receive the records. 01-ORD-184.
Accordingly, if the requested records have not already been made available to Mr. Kemper, the agency should advise him of the earliest date he might expect to receive the records. The time should be a reasonable one. The agency may require prepayment of the copying fee prior to mailing the requested documents. KRS 61.872(3); 95-ORD-105.
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.
John Todd Kemper, # 135696 D-1Green River Correctional ComplexP.O. Box 9300Central City, KY 42300-9300
Michael W. Humphrey, JailerCarroll County Detention Center800 Clay StreetCarrollton, KY 41008
James C. MonkCarroll County AttorneyP.O. Box 246Carrollton, KY 41008-0246