Request By:
Lawrence Kemp Tennille, II
# 22137-039 Delta A Unit
P.O. Box 34550
Memphis, TN 38184-0550Mary Ann Scott
Official Custodian of Records
Commissioner's Office
Kentucky State Police
919 Versailles Road
Frankfort, KY 40601Roger Wright
Office of Counsel
Kentucky State Police
919 Versailles Road
Frankfort, KY 40601
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 Kentucky State Police did not violate the Open Records Act in the disposition of Laurence Kemp Tennille's January 6, 2006, request for various reports and records relating to Mr. Tennille that are allegedly maintained by KSP. With reference to the disposition of specified requests for particular documents, we find that KSP properly notified Mr. Tennille that a search of its crime labs for responsive records yielded no results. Because this was the search method that could reasonably be expected to produce the records requested, we need not go further to test the expertise of the agency, or to question its veracity. 06-ORD-042, p. 4, citing 95-ORD-96. Nothing in the record on appeal appears to raise the issue of KSP's good faith. Id. We believe that 06-ORD-042 and 05-ORD-182, copies of which are attached hereto and incorporated by reference, are dispositive of the issue on appeal. KSP cannot afford Mr. Tennille access to a record or records that it does not possess. We therefore affirm KSP's disposition of Mr. Tennille's request.
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.