Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Estill County Jail violated the Open Records Act in failing to respond to Almus Chapman's August 19, 2002, request for a complete copy of his medical file. Having received no response to his request, Mr. Chapman initiated this open records appeal by letter dated October 28, 2002. For the reasons that follow, we conclude that the Estill County Jail violated the Open Records Act.
After receipt of Mr. Chapman's appeal, the Attorney General sent a copy of Mr. Chapman's letter of appeal, along with our notification of receipt of the open records appeal, to the Estill County Jail and the Estill County Attorney. Although that notification clearly states that pursuant to 40 KAR 1:030 Section 2, "the agency may respond to this appeal," we received no response to our notification, and have not been advised what, if any, action the Jail has taken relative to Mr. Chapman's appeal.
The Estill County Jail's failure to respond to Mr. Chapman's August 19, 2002, request in a proper and timely fashion constitutes a violation of KRS 61.880(1). That statute provides:
Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority, and it shall constitute final agency action.
The Estill County Jail had not one, but two opportunities to comply with KRS 61.880(1), by responding to Mr. Chapman's original request, and by responding to his request upon receipt of this office's notification of appeal. The Jail failed to do so.
Having provided no response to Mr. Chapman's request, and, thus, no legal basis for denying Mr. Chapman access to the requested records, and none being apparent, the Jail is obligated to mail the requested records to Mr. Chapman. The Jail may require prepayment for copies, not to exceed ten cents per page, and any postage charges incurred.
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.
Almus Chapman, # 153894Luther Luckett Correctional ComplexP.O. Box 6LaGrange, KY 40031
Wayne Abney, JailerEstill County Courthouse130 Main StreetIrvine, KY 40336
Heather CombsEstill County AttorneyEstill County Courthouse130 Main StreetIrvine, KY 40336