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 Act by David M. Farris II. Mr. Farris made an Open Records Request to the Boyd County Sheriff's Office dated November 17, 2001, for police reports concerning him and another for the period of February 1, 1998 to January 10, 2000. The Sheriff's Office replied timely by letter dated November 20, 2001, notifying Mr. Farris that his request would be complied with but that "it may take some time" to retrieve the records. When Mr. Farris heard nothing more, he filed this appeal which was received in this office on February 28, 2002.
In his appeal, Mr. Farris asks that the records be turned over to him. Notification of receipt of the appeal by this office was distributed to the parties on February 28, 2002. On March 5, 2002, the Sheriff's Office sent letters to this office and to Mr. Farris with copies of the reports they had been able to retrieve thus far and promised to continue to attempt to retrieve other records. Apparently, the records are difficult to retrieve because some have been archived to another agency which has had difficulty accessing the information. The initial timely reply notifying Mr. Farris that there may be a delay in accessing the records and the partial response sent in the March 5, 2002, letters indicate that the Sheriff's Office is making a good faith effort to comply with Mr. Farris' request.
Accordingly, we decide that 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.
Distribution:
David M. Farris II, 15094095 Raywick RoadSt. Mary, KY 40063
Beth ZornesBoyd County Sheriff's OfficeP. O. Box 536Catlettsburg, KY 41129
Philip G. SturgillBoyd County SheriffP. O. Box 536Catlettsburg, KY 41129
C. Phillip HedrickBoyd County AttorneyP. O. Box 425Cattletsburg, KY 41129-0425