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 Mr. John Allen Wilson. Mr. Wilson requested medical records, including reports of abuse, neglect, major incidents, minor incidents, or sickness reports for the time period of January 1, 1996 to February 4, 2002, from the Oakwood facility. Oakwood is operated by the Kentucky Cabinet for Health Services. The request was dated February 5, 2002, by hand-delivered on March 5, 2002.
In his appeal, Mr. Wilson complains that Oakwood did not respond to his request within three (3) days and has not notified him about when the documents will be available. Notice of the receipt of the appeal in this office was distributed to the parties on March 13, 2002. Oakwood has not filed a response. On March 19, 2002, this office received a letter from Mr. Wilson with a copy of a letter dated March 7, 2002, directed to him from Oakwood. Mr. Wilson contends this letter from Oakwood was not mailed until March 14, 2002, and attaches a copy of an envelope that is postmarked March 14, 2002. The letter notifies Mr. Wilson that he is entitled to the records he requested from Oakwood, and that the records consist of twenty volumes. The letter further notifies Mr. Wilson that "some of the items are not included with [the] medical records, and if they exist, would be maintained separately" . The letter does not identify the records which may or may not exist, or the location where they would be maintained separately. No estimate of when the records will be ready is contained in the letter, and no date or time to review the records is contained in the letter.
A public agency is required to reply within three (3) business days of the receipt of an Open Records Request. KRS 61.880(1). The postmark of March 14, 2002, indicates that the written response to Mr. Wilson's request was not sent until nine (9) days after his request was hand-delivered on March 5, 2002. The response, then, violates the requirements of the law by six (6) days. Mr. Wilson does point out that he called Oakwood and was told on March 11, 2002 that the records were not yet ready for review. The law also requires the Records Custodian receiving a request to give the name and location of the Custodian of records maintained elsewhere if known. KRS 61.872(4).
Accordingly, we decide that the agency has not met the three day deadline for response to Open Records Requests and that the response which was mailed March 14, 2002, does not identify the records which are not included in the medical records volumes or the name and location of the Records Custodian which maintains those records separately.
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.
John Allen Wilson1305 N. Highway 27Somerset, KY 42503
Ms. Gladys HolbrookDept. for Mental Health and MentalRetardation ServicesOakwood Willow Run2441 South Highway 27Somerset, KY 42501
Ms. Denise Micheletti, MS, RNFacility DirectorCommunities at Oakwood2441 South Highway 27Somerset, KY 42501-2935