Opinion
Opinion By: Jack Conway, 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 Luther Luckett Correctional Complex did not violate the Open Records Act by failing to respond in a timely fashion to Uriah M. Pasha's May 20 and 21, 2008, requests for records. It is the decision of this office that 96-ORD-207, relating to the computation of time for agency response to an open records request, and 04-ORD-043, relating to the agency's duties in responding to a request for nonexistent records, govern the issues of law presented in this appeal. Copies of these open records decisions are attached hereto and incorporated by reference. Although we do not agree that this appeal was mooted by full disclosure of all records requested, 1 insofar as occurrence reports were withheld based on their nonexistence, we find no error in LLCC's disposition of Mr. Pasha's May 20 and 21 requests.
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 See 05-ORD-076, note 1.