Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal by Mr. Darrell Thornberry of the failure of the City of Paris Police Department to comply with an Open Records Request for "any and all data pertaining to my person". The request is in writing, dated October 28, 2001, and was hand-delivered by Mr. Thornberry on that same date. When he received no written response, Mr. Thornberry filed this appeal by letter dated January 24, 2002. The appeal was received in this office on January 28, 2002. On January 25, 2002, the Chief of Police sent Mr. Thornberry a letter stating that the Chief was of the opinion that the request had been satisfied in a conversation with Mr. Thornberry on October 28, 2001, the day Mr. Thornberry hand-delivered the request. The letter from the Chief also attached copies of the only records the Police Department had on Mr. Thornberry consisting of reports of police runs to Mr. Thornberry's residence due to his alarm system. Because KRS 61.880(1) requires a written response to an open records request within three (3) days, the better practice would have been to have obtained Mr. Thornberry's written endorsement on his request indicating that he was satisfied with the oral response of the Department on October 28, 2001. Since Mr. Thornberry has now received the records described in his letter of appeal that the Police Department indicated it has, this appeal is moot.
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.
The City of Paris Police DepartmentATTN: Police Chief525 High StreetParis, KY 40361
Mr. Darrell Thornberry156 Park Place CourtParis, KY 40361