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 St. Andrew's House, Inc., violated KRS 61.880(1) in failing to respond in writing, and within three business days, to Eric Cunningham's January 11, 2005, request for "a documented conflict made by Robert Massey about threats made to [Mr. Cunningham] by Timothy Turney." 1 Nevertheless, the agency ultimately disposed of his request in a proper manner by conducting a search for responsive records using search methods which could reasonably be expected to produce the records requested and producing the single responsive record located for his inspection. That record consisted of a behavior report prepared by Mr. Massey and contained a statement from Mr. Cunningham "that people were stealing from [him] . . . ." St. Andrew's House, Inc., otherwise discharged its duties under the Open Records Act by notifying Mr. Cunningham, albeit belatedly, that no other responsive record was located. The Open Records Act requires no more. Accord, 04-ORD-109 (enclosed).
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 St. Andrew's House, Inc., does not dispute its status as a public agency for open records purposes per KRS 61.870(1).