Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Bowling Green Police Department violated the Kentucky Open Records Act in denying the request of Bryan L. Reinhardt for specified investigative reports and related information. Citing KRS 61.878(1)(h), the BGPD denied Mr. Reinhardt's request "as this is still an ongoing investigation[.]" It is the decision of this office that 04-ORD-114, a copy of which is attached hereto and incorporated by reference, is determinative as to the sole issue presented by this appeal. Although the BGPD failed to cite KRS 17.150(2), its response was otherwise adequate. By invoking KRS 61.878(1)(h) and expressly indicating that the requested records relate to an "ongoing" investigation, i.e., "open case," the BGPD satisfied its burden of proof under the Open Records Act. Both "KRS 61.878(1)(h) and KRS 17.150(2) recognize that law enforcement agencies may withhold investigative records until prosecution is completed or a decision not to prosecute has been made." 04-ORD-114, p. 9. Although a public agency cannot indefinitely postpone access to investigative records by labeling an investigation "open and active," as evidenced by prior decisions of this office, the Attorney General has consistently recognized that it is "within the sound discretion of the law enforcement agency to decide when a case is active, merely inactive, or finally closed." Id. (Citations omitted).
A party aggrieved by this decision may appeal it by initiating an 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:
Bryan L. Reinhardt, #173109Northpoint Training CenterP.O. Box 479Burgin, KY 40310
Judy MangoldRecords SupervisorBowling Green Police911 Kentucky StreetBowling Green, KY 42101
Bill WaltripChief of PoliceBowling Green Police911 Kentucky StreetBowling Green, KY 42101
E. Eugene HarmonCity Attorney328 E. 10th StreetP.O. Box 430Bowling Green, KY 42101-0430