Annotations for Decision

Nothing in the Kentucky Open Records Act conditions an individual’s right to obtain public records on his purpose in seeking those records; further, the propriety of assessing a penalty against non-compliant officials does not depend on whether harm befell the person who is denied records under KRS 61.882(5). Therefore, the fact that an inmate might not have been harmed by the failure to disclose jail records was irrelevant. Eplion v. Burchett, 354 S.W.3d 598, 2011 Ky. App. LEXIS 215 (Ky. Ct. App. 2011). Full Details

Once it has been determined that records requested under the Kentucky Open Records Act no longer exist, the responsible agency is required to provide the requester with a written explanation for the records’  nonexistence. Therefore, an inmate was entitled to relief under the Act based upon a request for certain jail records, even though the records allegedly no longer existed. Eplion v. Burchett, 354 S.W.3d 598, 2011 Ky. App. LEXIS 215 (Ky. Ct. App. 2011). Full Details

Whether the assessment of penalties will have any coercive effect is not a proper consideration under KRS 61.882(5); rather, the only basis upon which penalties may be awarded is a finding that the officials’  noncompliance with the Kentucky Open Records Act was willful. Even though the trial court erred by making this improper consideration, a reversal was not warranted because an inmate requesting certain records waived the right to contest the error where he did not raise the issue of willfulness. Eplion v. Burchett, 354 S.W.3d 598, 2011 Ky. App. LEXIS 215 (Ky. Ct. App. 2011). Full Details