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 Office of the Campbell County Sheriff relative to the open records request of Chris Henson violated the Open Records Act. For the reasons that follow, we are unable to resolve the factual issue as to whether the Office of the Campbell County Sheriff received Mr. Henson's request and suggest that he resubmit his request, if he has not already done so, in order that the agency may respond to his request, as required by KRS 61.880(1).
In his letter of appeal to this office, dated June 19, 2003, Mr. Henson states that by handwritten letter, dated June 13, 2003 and mailed on June 14, 2003, he submitted an open records request to the Campbell County Sheriff's Department asking for copies of offense/incident reports in reference to eleven separate individuals. He indicated that on June 18, 2003, he received a response from the Clerk of the Campbell County District Court advising him that the records requested in his letter dated June 13, 2003 were open to the public and office hours were Monday - Friday, 8:30 a.m. to 4:00 p.m. Mr. Henson indicated he was unable to understand why the District Court Clerk would respond to his open records request addressed to the custodian of records of the Campbell County Sheriff's office and that he has not received a response from that agency.
After receipt of Notification and a copy of the letter of appeal, John D. Dunn, Jr., Campbell County Sheriff, by letter dated June 30, 2003, provided this office with a response to the issues raised in the appeal. In his response, Mr. Dunn advised:
In response to Open Records Appeal log number 200300306; my office never received a request form Chris Henson for any information.
Regarding disagreements of this nature between a requester and a public agency, this office, in OAG 89-81, stated:
This office cannot, with the information currently available, adjudicate a dispute regarding a disparity, if any, between records for which inspection has already been permitted, and those sought but not provided. Indeed, such is not the role of this office under open records provisions. It seems clear that you have permitted inspection of some records [the requester] asked to inspect, and that copies of some records have been provided. Hopefully any dispute regarding the records here involved can be worked out through patient consultation and cooperation between the parties.
Insufficient information is presented in this appeal for this office to resolve the factual dispute concerning the actual delivery and receipt of Mr. Henson's open records request. Accordingly, if he has not already done so, he may wish to resubmit his request to the Campbell County Sheriff's Office, Campbell County Court House, 330 York Street, Newport, Kentucky 41071 so that the agency may properly respond to his request, as required by KRS 61.880(1).
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:
Chris Henson1939 Augustine AvenueCovington, KY 41014-1117
John DunnCampbell County Sheriff330 York StreetNewport, KY 41071
Justin VerstCampbell County Attorney331 York StreetNewport, KY 41071
Tom Calme, ClerkCampbell District Court600 Columbia StreetNewport, KY 41071
Sara DentStaff AttorneyAdministrative Office of the Courts100 Millcreek ParkFrankfort, KY 40601