Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky State Police properly relied on KRS 61.878(1)(l) and KRS 17.150(2) in denying Willina G. Hayes's May 27, 1999, request for records compiled in the course of KSP's investigation into her son Christopher's death. We believe that 98-ORD-30, a copy of which is attached hereto and incorporated by reference, is controlling. We note that although KSP indicated in its June 16 supplemental response that the case is still considered active, KSP also indicated that it "is scheduled to be closed in the next few weeks pending administrative review and the destruction of evidence." Ms. Hayes may wish to contact KSP's custodian of records, Diane H. Smith, to determine if the case has now been closed. If so, she may resubmit her open records request for the investigative file, and that request will be honored.
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 should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.