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 complied with the provisions of the Open Records Act in the disposition of Brent Allen's request for records relating to the two state troopers who were at his residence on April 8, 2003. Our review of the record on appeal confirms that KSP provided Mr. Allen with the communications log and the officers' time cards, and that the agency maintains no additional responsive records. We remind Mr. Allen that KSP has no obligation to honor a request for information, 1 as opposed to a request for reasonably described public records. See 99-ORD-71 (enclosed). Further, we remind him that this office cannot, in general, "adjudicate a dispute regarding a disparity between records for which inspection has already been permitted, and those sought but not provided." OAG 89-81. We therefore conclude that KSP did not violate the Open Records Act in responding to Mr. Allen's request, and that the records access issue he attempts to raise was mooted by disclosure of the records identified in that report. 40 KAR 1:030 Section 6; 03-ORD-87.
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.
Brent Allen427 KY RT 680 WEastern, KY 41622
Diane H. SmithOfficial Custodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
James HerrickKentucky State Police919 Versailles RoadFrankfort, KY 40601
Footnotes
Footnotes
1 This includes his request for the names of supervisors and the position of the employee who used a state vehicle.