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 provisions of the Open Records Act in the disposition of M. Michele Cecil's March 28, 2007, request for all records in KSP's possession relating to its investigation of the May 12, 2006, truck accident that occurred on Interstate 75 South at mile marker 129 involving her client, James Daniels. KSP responded to Ms. Cecil's request by advising her that because the Scott County Sheriff's Office conducted the accident investigation, it maintained no responsive records. Upon receipt of notification of Ms. Cecil's open records appeal KSP amplified on its position, detailing the nature of its search for responsive records and providing her with copies of records in its custody that related to the incident but that she did not expressly request.
It is the decision of this office that 06-ORD-040, a copy of which is attached hereto and incorporated by reference, is controlling. In 06-ORD-040, this office affirmed KSP's denial of a request for investigative records on the basis that it did not possess those records because it did not conduct the investigation. Here, as in 06-ORD-040, KSP affirmatively notified the requester that the records identified in her request did not reside in its custody and advised her where those records could be obtained per KRS 61.872(4). The Open Records Act requires nothing more. We therefore conclude that KSP did not violate the provisions of the Open Records Act in the disposition of Ms. Cecil'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.