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 although the Somerset Police Department violated KRS 61.880(1) by failing to respond in writing, and within three business days, to Joe Gambino's February 14, 2005, request for information and records relating to "conducted energy devices such as Taser X-26, M18, or M18L currently within your organization," the Department's belated denial of the request was substantively correct. We find that 04-ORD-191, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. The Department ultimately discharged its statutory duty by notifying Mr. Gambino that it has no responsive records and explaining why this is so; specifically, because "the City of Somerset, Kentucky has no Taser devices." The Open Records Act does not require more.
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.
Joe Gambino1045 Brandy Lane # 1Richmond, KY 40475
Larry GodbyChief of PoliceCity of Somerset400 E. Mt. Vernon StreetSomerset, KY 42502
Joe L. TravisSomerset City AttorneyP.O. Drawer 3DSomerset, KY 42502-0030