Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Shively Police Department ("Department") violated the Kentucky Open Records Act in the disposition of Mike Thompson's request mailed on September 11, 2018, for copies of e-mails of Colonel Kevin Higdon and Lieutenant Colonel Josh Myers dated May 11 to August 1, 2018. Since the Department failed to respond to Mr. Thompson's request, we find that it violated the Act.
Mr. Thompson initiated an appeal to this office on September 20, 2018, after having received no response to his request. The Department has submitted no response to this appeal.
Since the Department had the duty to respond to Mr. Thompson's request within three days, excluding weekends and legal holidays, under KRS 61.880(1), we must conclude that it procedurally violated the Open Records Act by not doing so. Furthermore, since the Department 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 it substantively violated KRS 61.872(1) by failing to grant access to its records.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.