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 Kentucky State Police did not violate the Open Records Act in the disposition of Dillon Sargent's May 7, 2003 request for records relating to his criminal prosecution in Ohio. Following initiation of Mr. Sargent's appeal, and notification to KSP of same, KSP Official Custodian of Records Diane H. Smith notified this office that she had twice furnished Mr. Sargent with "complete copies of [the] files [he requested], which were already closed . . . ." She reaffirmed that copies of all existing responsive records were previously mailed to Mr. Sargent in a letter to this office dated June 9, 2003. This office is not, in general, equipped to resolve a dispute concerning a perceived disparity between records already provided, and records believed to exist which have not been provided. It is the conclusion of this office that KSP complied with the requirements of the Open Records Act in the disposition of Mr. Sargent's request and that the ostensible records access issue was mooted by disclosure of the records identified in that request. 40 KAR 1:030 Section 6; 03-ORD-087. Redress for Mr. Sargent's grievances, perceived or real, lies in the courts.
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.
Dillon E. Sargent # 347-315Lebanon Correctional InstituteP.O. Box 56Lebanon, OH 45036
Diane SmithOfficial Custodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
James M. HerrickLegal CounselKentucky State Police919 Versailles RoadFrankfort, KY 40601