Request By:
Joe Taylor, Jr., # 153979 D-2
P O Box 479
Burgin, KY 40310David L. Hargrove
Commonwealth's Attorney
423 East Broadway
P O Box 315
Mayfield, KY 42066
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal by Mr. Joe Taylor, Jr. of the failure of the Office of the Commonwealth's Attorney "to respond to my Open Records Request". The records requested are transcripts and/or tapes of a Grand Jury proceeding. The first request for these tapes was apparently made to the Graves Circuit Court Clerk who responded on January 8, 2002, informing Mr. Taylor that the Clerk's office did not have the Grand Jury transcript, and that those records would have to be obtained by contacting the Commonwealth's Attorney. The deputy clerk did not give the address of the office of Commonwealth's Attorney. By letter dated January 15, 2002, Mr. Taylor sent a request for the transcripts to the Commonwealth's Attorney at the address for the Graves County Circuit Court Clerk, 100 East Broadway, Mayfield, Kentucky. It is unclear when the Commonwealth's Attorney received this request. On January 29, 2002, Mr. Taylor appealed to this office, which appeal was received on February 1, 2002, and a notification that the appeal had been received was distributed on February 6, 2002, to the Commonwealth's Attorney and to Mr. Taylor. By letter dated February 7, 2002, to Mr. Taylor, the Commonwealth's Attorney referenced Mr. Taylor's January 15, 2002 request, and responded by asking Mr. Taylor for the specific date the testimony was given and a blank audiocassette tape so that the testimony could be copied for Mr. Taylor. The letter went on to explain that those records are not transcribed, hence the necessity for a cassette.
The Open Records law requires public agencies to respond in writing within three (3) days of receiving a request. KRS 61.880(1). We cannot say in this case that the Commonwealth's Attorney violated that provision since there is no record of when that office received the request which was addressed to the Circuit Court Clerk, not the Commowealth's Attorney. In her letter of January 8, 2002, to Mr. Taylor, the Deputy Clerk did not give the location of the Commonwealth's Attorney's office. When a public agency covered by the Open Records law receives a request for records and knows that the records are held by another agency, they are required to inform the person making the request of the identity of the custodian of the records requested and the location of the custodian. KRS 61.872(5). In this case, the Clerk is not covered by the Open Records law. Ex Parte Farley, Ky., 570 S.W.2d 617, 625 (1978). Because the Commonwealth's Attorney has evidenced an intent to comply with Mr. Taylor's request upon Mr. Taylor providing the specific Grand Jury date and a blank audiocassette, which we have no reason to believe is not a reasonable request, we find this appeal to be 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.