Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an Open Records Appeal by Mr. Leslie Lawson who was denied access to a Sheriff's log and a 911 tape. The records sought concerned a burglary report of December 21, 1997. The request for access to the records was made, in writing, on January 29, 2002, and denied by the Sheriff in an undated response stating that Mr. Lawson could have the records only if the information was requested by his lawyer. Mr. Lawson represents himself. His appeal was received in this office on February 11, 2002, and a notification of the appeal was distributed to Mr. Lawson and the Sheriff on February 12, 2002. The Sheriff has not filed a response.
The records of law enforcement agencies are subject to inspection under the Open Records Law unless disclosure would harm the law enforcement agency by identifying informants or by a premature release of information, identify or lead to the identification of a confidential informant, make public information of a personal nature which does not advance a wholesome public interest or a legitimate private interest, endanger the life or physical safety of law enforcement, or if the information is intended for use in expected law enforcement action. KRS 17.150(2) and KRS 61.878(h). Unless the records meet one of these exemptions or were compiled and maintained by the county attorney or Commonwealth's attorney in connection with a criminal investigation or litigation, they are subject to disclosure after the law enforcement action is completed. KRS 17.150(2), KRS 61.878(h) and Skaggs vs. Redford, Ky. 844 S.W.2d 389 (1992).
Here, the Sheriff's reason for not releasing the records to Mr. Lawson is because the request was not made by an attorney on Mr. Lawson's behalf. This office has previously decided that this is not a proper reason to deny access to records. See OAG 89-76. Accordingly, unless the records meet one of the exemptions mentioned above, they should be disclosed to Mr. Lawson.
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.
Leslie Lawson, # 122950P O Box 479Burgin, KY 40310
Gene HollonLaurel County Sheriff203 S Broad StrLondon, KY 40741