Opinion
Opinion By: Gregory D. Stumbo, 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 Ninth District Probation and Parole Office did not violate the Open Records Act in denying Edgar A. Scott's December 29, 2004, request for a copy of his presentence investigation report. We find that 00-ORD-221, a copy of which is attached hereto and incorporated by reference, is controlling. See also 04-ORD-224; 03-ORD-228; 03-ORD-198; 00-ORD-85; 96-ORD-147. Department of Corrections staff attorney, Emily Dennis, reviewed the Final Judgment and Sentence of Imprisonment for Mr. Scott and confirmed that "he was informed of the factual contents and conclusions contained in the PSI and given an opportunity to controvert the report at final sentencing." Pursuant to KRS 439.510 and KRS 61.878(1)(l), Mr. Scott is not entitled to obtain a copy of his PSI from his parole officer or from the Department of Corrections. We affirm, in full, the denial of Mr. Scott's request. 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.
Footnotes
Footnotes
1 Mr. Scott objected to his probation and parole officer's failure to respond to his open records request, but his officer has no record of receipt of the request. We concur with the agency in its view that this office cannot resolve a factual dispute involving transmission and receipt of an open records request. Additionally, we agree that the agency is not obligated to honor a request for information. Because Mr. Scott's remaining requests were requests for information, neither Mr. Scott's probation and parole officer nor the Department of Corrections was obligated to honor these requests.