Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Kentucky Correctional Institute for Women ("KCIW") violated the Open Records Act in its disposition of an open records request from Charon Anderson ("Anderson"). We find that Anderson did not include a copy of the agency's response in her request, and this office is precluded from reaching the merits of her appeal.
Anderson submitted an open records request to KCIW on Feb. 17, 2014. Anderson requested "1 copy of my Risk and needs assessment for my parole dates of September 2011 and January 2012 pursuant to KRS 439.331." Anderson's appeal was received by this office on Mar. 17, 2014. Anderson claimed that she had "received absolutely no information directing my attention to the where abouts of these records I have requested," and requested this office to "direct KCIW staff to respond to my open records requests and forward the legal documents requested therein, and award me $ 25.00 dollars per day for each day beyond the 3 days in which is given to respond to my request." KCIW responded to the appeal on Mar. 25, 2014, stating that "a timely response was sent by KCIW staff on Feb. 24, 2014," attaching a copy of the response. The response stated that "per KRS 439.510 your request has been denied. We can not give you copies for your risk assessments due to the above KRS the information obtained by Probation and parole officer to be privileged information."
KRS 61.880(2)(a) provides that "if a complaining party wishes the Attorney General to review a public agency's denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection." KRS 61.880(2)(a) requires a person filing an open records appeal to include both a copy of the written request to the agency and a copy of the agency's written response. 40 KAR 1:030 § 1 provides that "the Attorney General shall not consider a complaint that fails to conform to . . . KRS 61.880(2), requiring the submission of a written request to the public agency and the public agency's written denial, if the agency provided a denial." 40 KAR 1:030 § 1 forbids this office from considering an appeal that does not conform to the requirements of KRS 61.880(2). 13-ORD-011. Anderson failed to include a copy of the agency's response in her appeal. Accordingly, we are precluded from reaching the merits of Anderson's appeal.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.880(5)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.
Distributed to:
Charon Anderson # 177122Cheri MattinglyAmy V. Barker