Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal under the Open Records law by Mr. Charles Johnny Gilbert contesting the failure of the Comprehensive Care Center in Harlan, Kentucky, to send him all payment and attendance records for the period from December 1, 1999 through March 1, 2000, for his class. Mr. Gilbert's request was made by letter dated January 17, 2001, directed to the Comprehensive Care program in Harlan, Kentucky. His appeal was received in this office on February 18, 2002. Notice that the appeal had been received was sent to Comprehensive Care and Mr. Gilbert on February 20, 2002. On February 25, 2002, Comprehensive Care sent the information Mr. Gilbert requested to this office. There is nothing to indicate that the information was ever sent to Mr. Gilbert. The Comprehensive Care Center cites no reason why the records which relate to Mr. Gilbert should not be disclosed to him. A person has the right to inspect a record which relates to them unless the record is otherwise exempt from disclosure. KRS 61.884 . This office, by separate letter, will forward the information to Mr. Gilbert. For future reference, it should be pointed out that the agency is responsible for sending the information to the person requesting the records and for responding in writing to Open Records Requests within three (3) working days of receipt. KRS 61.872(3)(b) and KRS 61.880(1). The fact that an appeal is pending does not alter or suspend these duties.
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.
Mr. Charles Gilbert, # 087773Northpoint Training CenterP. O. Box 479Burgin, KY 40301
Mr. Steve BroughtonCumberland Valley Comprehensive Care134 Comprehensive DriveHarlan, KY 40831