Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
These matters having been presented to the Attorney General in two separate appeals but presenting similar questions of law and fact, are consolidated for purposes of adjudication under KRS 61.880(2). It is the decision of this office that the Kentucky State Police did not violate the Open Records Act in the disposition of Keith Guy, Sr.'s requests for copies of laboratory reports and policies relating to evidence collection.
By letter dated March 5, 2003, KSP Records Custodian Diane H. Smith "attempt[ed] to clarify [KSP's] responses to [Mr. Guy's] numerous requests." She explained:
First, the Evidence Receiving and Evidence Sealing sections for the Kentucky State Police Forensic laboratory operations manual that was mailed to Mr. Guy on December 20, 2002 by our Forensic Biologist, Mary Pat Hankla, includes the initial version of this policy. POLICIES 8.2 AND 8.5 OF THIS MANUAL HAVE NOT BEEN REVISED OR CHANGED FROM THEIR ORIGINAL FORM.
Secondly, a copy of laboratory report #01-0-03600, is provided to Mr. Guy once again. This report corresponds to evidence submission dates detailed in his letter. No Forensic Laboratory Report of Examination exists for laboratory submission #93-6-00111.
Lastly, the collection of blood or tissue sampling for DNA law enforcement identification purposes is governed by KRS 17.170 (copy enclosed). There is no Kentucky State Police policy or guideline for the collection of DNA from inmates. We only provide the kits used for collecting the samples.
In closing, Ms. Smith noted that KSP had provided all available records to Mr. Guy in the past several months. In support of this assertion, she attached copies of pertinent correspondence.
We find that KSP's claims were entirely consistent with the requirements of the Open Records Act. Resolution of this appeal turns not on whether the fruits of KSP's search for responsive records met Mr. Guy's expectations, but whether KSP made a good faith effort to locate those records, and having located them, produced copies of all nonexempt records for his inspection in a timely fashion. The Act requires nothing more.
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 to:
Keith R. Guy, Sr., #158185Northpoint Training CenterP.O. Box 479, Dorm 5Burgin, KY 40310
Diane H. SmithOfficial Custodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
James M. HerrickLegal CounselKentucky State Police919 Versailles RoadFrankfort, KY 40601