02-ORD-180 | KOGC

Opinion

Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, 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 Paul A. Long's August 22, 2002, request to inspect the KSP's investigative files relating to the deaths of Adam Harvey and Ryan Matchison, KSP files 6-01-1882 and 6-01-1883. We believe that 98-ORD-30, a copy of which is attached hereto and incorporated by reference, is controlling.

We note that KSP indicated in its September 10, 2002, supplemental response that:

[The cases] are still active pending the distribution and destruction of evidence and other paperwork necessary to officially close the investigations. Once these tasks have been accomplished, the cases will be closed and we will be happy to release the reports at that time.

However, Mr. Long may wish to contact KSP's custodian of records, Diane H. Smith, to determine if the cases have now been officially closed. If so, he may resubmit his open records request for the requested records. Once the investigations have been officially closed, the records requested will be subject to public inspection unless excluded by another applicable statutory exception to the right of public inspection.

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.

Distributed to:

Paul A. LongThe Kentucky Post421 Madison AvenueP.O. Box 2678Covington, KY 41012-2678

Diane H. SmithOfficial Custodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601

James HerrickOffice of CounselKentucky State Police919 Versailles RoadFrankfort, KY 40601

LLM Summary

The Attorney General's decision supports the Kentucky State Police's denial of an open records request for investigative files, citing ongoing procedures necessary to close the investigations. The decision follows the precedent set in 98-ORD-030, which is attached and incorporated by reference, indicating that the denial is in accordance with applicable laws. The decision also advises the requester to check if the cases have been officially closed in the future, at which point the records may become accessible unless another statutory exception applies.

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