Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Kentucky State University (KSU) violated the Kentucky Open Records Act in the disposition of Steve Givan's December 2, 2016, request for "public records, agreements, contracts, and any other relevant information between Kentucky State University, Pearson Education and Vital Source Inc. from the period of June 1, 2016 to December 1, 2016[, s]pecifically. . . related to anything regarding the Digital Textbook Program, that was started, Fall Semester, 2016." Since KSU failed to respond to Mr. Givan's request, we find that it violated the Act.
Mr. Givan's request was sent by certified mail to KSU General Counsel Gordon Rowe. On January 4, 2017, Mr. Givan followed up with an e-mail to Mr. Rowe, attaching a copy of the request and stating:
[A]ccording to the Post Office this was delivered on Wednesday, December 7, 2016. I would have to assume you have this document and the request.
I know that just before the Christmas Holiday break you responded to my phone message. It is appreciated and trust this request can now be responded to as well.
Mr. Givan initiated an appeal to this office on January 23, 2017, after having still received no response to his request. KSU submitted no response to this appeal.
Since KSU had the duty to respond to Mr. Givan's request within three business days under KRS 61.880(1), we must conclude that it procedurally violated the Open Records Act by not doing so. Furthermore, since KSU has asserted no exceptions under KRS 61.878 to the duty to disclose public records, it has not met its burden of proof under KRS 61.880(2)(c) and we therefore find that KSU substantively violated KRS 61.872(1). 1 10-ORD-021.
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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.
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