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 requirements of the Open Records Act in the disposition of Steve P. Robey's March 28, 2003 request for documents indicating a "long history of accidents on or around Shawneetown bridge" by providing Mr. Robey with copies of responsive records and an accompanying explanation. Having done so, KSP mooted the records access issue. 40 KAR 1:030 Section 6; 03-ORD-087. With reference to KSP's alleged violation of KRS 61.880(1), arising from the agency's purported failure to respond to the request in writing and within three business days, we decline to assign error, KSP having asserted that the request was never received and Mr. Robey having presented no proof to the contrary.
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.
Distributed to:
Steve P. RobeyThe Trader Building508 East MainP.O. Box 302Providence, KY 42450
Diane SmithOfficial Custodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
James M. HerrickLegal CounselKentucky State Police919 Versailles RoadFrankfort, KY 40601