Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Mayfield Independent School System violated the Open Records Act in failing to respond to Anita Mosley's August 19, 2002, request for "all correspondence regarding Chemical Environmental Solutions, Inc., or Wayne Mosley, that you may have sent or received for the year of 2002," and in failing to furnish Ms. Mosley with all nonexempt records that were responsive to her request. For the reasons that follow, we find that the school system violated the Act.
On September 17, 2002, this office mailed a notification of receipt of Ms. Mosley's open records appeal to Mr. Steve Traynham, principal of Mayfield High School, and James Brien, attorney for the Mayfield Independent School System. A copy of Ms. Mosley's letter of appeal was attached to the notice, and the notice clearly stated that the school system "may respond to this appeal." The Attorney General received no response from the school system. Based on the uncontested facts presented, we conclude that the failure of the Mayfield Independent School System to respond to Ms. Mosley's request, and to produce for her inspection and copying all nonexempt public records, constituted a violation of the Open Records Act.
KRS 61.880(1) establishes procedural guidelines for public agency response to an open records request. That statute provides:
Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision. An agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority, and it shall constitute final agency action.
This office has not been presented with any reason for the Mayfield Independent School System's failure to conform its conduct to the clear requirements of the Open Records Act. The school system had not one but two opportunities to comply with KRS 61.880(1) by responding in writing, and within three business days, to Ms. Mosley's original request, and by responding to her request upon receipt of this office's notification of appeal. The school system took no action.
The Mayfield Independent School System must make immediate arrangements for Ms. Mosley to inspect, and receive copies of, the nonexempt records identified in her request. If a legal basis exists for denying her access to any of these records, the school system must so notify Ms. Mosley in writing and within three business days, citing the applicable statutory exemption and briefly explaining its application to the record(s) withheld.
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.
Anita MosleyChemical Environmental Solutions, Inc.300 Deer field LaneLexington, KY 40511
Steve Traynham, PrincipalMayfield Independent Schools700 Douthitt StreetMayfield, KY 42066
James Brien, AttorneyMayfield Independent Schools238 North 7th StreetMayfield, KY 42066