Request By:
Ms. Diane Smith
Official Custodian of Records
Kentucky State Police
919 Versailles Road
Frankfort, KY 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; V. Lynne Schroering, Assistant Attorney General
Our office is in receipt of an open records appeal from E. Patrick Moores, attorney for Allstate Insurance Company. Mr. Moores appeals the decision of the Kentucky State Police to deny inspection of photographs of a fire scene. Mr. Moores claims it is imperative he have copies of the photographs in order to respond to the insured's loss claim in a timely manner.
The Kentucky State Police denied inspection of the photographs pursuant to KRS 61.878(1)(j) which exempts records that are made confidential by enactment of the General Assembly. The State Police cite KRS 17.150(2) which exempts active law enforcement files from public disclosure.
OPINION OF THE ATTORNEY GENERAL
You were correct in denying inspection of the photographs of the fire scene. The State Police correctly cited KRS 61.878(1)(j) and KRS 17.150(2) which exempt from open records disclosure the files of law enforcement agencies which have not been closed. On October 26, 1990, I contacted the Kentucky State Police and they verified that this case is still open.
In accordance with KRS 61.880 a copy of this opinion will be sent to E. Patrick Moores, and both of you have a right to contest this decision in the circuit court.