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 actions of the City of Shepherdsville and the Shepherdsville Police Department relative to the open records requests of Peggy S. Newsome violated the Open Records Act. We conclude that the actions of the two agencies did not violate the Act.
By letter dated March 25, 2003, Ms. Williams submitted a request to the Shepherdsville City Clerk for "copies of all complaints filed against officer Brent Dawson from the dates of December 16, 1994 and through to the present March 25, 2003, also a copy of all disciplinary action reports for the complaints filed against him and for any and all disciplinary action taken against him for any reason for the same dates of December 16, 1994 through March 25, 2003."
By letter dated March 28, 2003, Tammy Owen, City Clerk, responded to Ms. Newsome's request, advising:
Pursuant to your request of March 25, 2003 I have 11 copies of complaints where some type of disciplinary action was taken. If no action was taken on a complaint it would not be placed in an officer's personnel file. Complaints where no action is taken may be kept in the Internal Affairs file. Those files are in the custody of Chief Morris.
Cost of these copies is $ 1.10 and may be picked up Tuesday after noon.
On March 31, 2003, Ms. Newsome submitted a written request to Colonel Ronald W. Morris, Chief of Police, requesting:
copies of all complaints filed against Officer Brent Dawson, for the dates of December 16, 1994 through to the present date March 31, 2003, and any and all disciplinary action reports for any and all disciplinary action taken on any and all complaints, this including all complaints in the Internal Affairs file.
On April 4, 2003, Chief Morris responded to Ms. Newsome's request, advising her:
Pursuant to your Open Records Request of March 31, 2003, the records you requested will be ready Monday, March 7, 2003 after 1 pm.
In her letter of appeal, Ms. Newsome indicates that the City Clerk advised her that the City Clerk was custodian of personnel files and complaints in which disciplinary action was taken against a police officer would be in those records. Ms. Newsome further stated that the City Clerk advised her that complaints where there was no disciplinary action taken would be in the Internal Affairs file which is in the custody of Police Chief Ronald Morris.
We are asked to determine whether the actions and response of the City and Police Department were proper under the Open Records Act. For the reasons that follow, we find no violation of the Act.
Addressing the records access issue, the record before us indicates that Ms. Newsome has been provided with copies of the records she requested. 40 KAR 1:030, Section 6, provides: "If the requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter." Accordingly, since Ms. Newsome has been provided access to the records she requested, the records access issue is moot and no decision will be rendered on this issue.
Next we address the actions of the City Clerk advising Ms. Newsome that copies of complaints where there was no disciplinary action taken would be in the Internal Affairs file which is in the custody of Police Chief Ronald Morris.
KRS 61.872 (4) provides:
If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.
KRS 61.872(4) requires that if a public records request is sent to someone who does not have custody or control of the requested records, the person who receives the request must notify the requester of this fact and provide the requester with the name and location of the official custodian of the public records. 02-ORD-81. Ms. Newsome was notified that copies of complaints where no disciplinary action was taken would be in the Internal Affairs file in the custody and control of Police Chief Ronald Morris and requests for those records should be made to the Chief. Subsequently, she submitted her request to Chief Morris and she was provided with the records she requested. Accordingly, under these facts, we conclude that the City Clerk's response was in compliance with KRS 61.872(4) and did not constitute a violation of the Open Records Act.
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.
Peggy S. Newsome302 Arnold LaneShepherdsville, KY 40165
Tammy Owen, ClerkCity of ShepherdsvilleP.O. Box 400170 Frank E. Simon Ave.Shepherdsville, KY 40165
Norman R. Lemme, Attorney forCity of ShepherdsvilleP.O. Box 40165Shepherdsville, KY 40165-0770
Ronald Morris, Chief of PoliceCity of ShepherdsvilleP.O. Box 1712Shepherdsville, KY 40165