Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Mayfield Police Department violated KRS 61.880(1) in failing to respond to Ken Crawford's May 18, 2003 request for access to the police log for a single day and a single incident report. 1 As a result of the department's inaction, Mr. Crawford initiated an open records appeal. Following receipt of this office's notification of Mr. Crawford's appeal, the department provided him with copies of all responsive records, simultaneously confirming agency compliance by letter to this office. It is therefore the conclusion of this office that with the exception of the procedural violation noted above, the department substantially complied with the requirements of the Open Records Act in the disposition of Mr. Crawford's request and that the records access issue was mooted by disclosure of the records identified in that request. 40 KAR 1:030 Section 6; 03-ORD-087.
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.
Kenneth Crawford806 N. 11th StreetMayfield, KY 40266-1102
Chief Joel NatividadMayfield Police Department211 East BroadwayMayfield, KY 42066
Sam Boyd Neely, Jr., Attorney forCity of Mayfield238 North 7th StreetP.O. Box 708Mayfield, KY 42066
Footnotes
Footnotes
1 The Mayfield Police Department offers no explanation for the failure to respond.
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