Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the actions of the Hardin County Detention Center relative to the request of Jonathan Young to inspect his "inmate account" violated the Kentucky Open Records Act. In his letter of appeal, Mr. Young alleges that HCDC "refused to reply to [his] open records request." Upon receiving notification of Mr. Young's appeal, however, Jenny Lawson, Administrative Director, responded on behalf of the HCDC via facsimile dated August 2, 2004. According to Ms. Lawson, the HCDC "only received one request from [Mr. Young]," a copy of which is included with her response, and "it was answered by the canteen clerk [on] the same day she received it. [Mr. Young] never requested any of the information" to which he refers on appeal. However, the canteen clerk spoke with Mr. Young "and has given him a copy of this canteen sheet[,]" a copy of which is also included with her response.
In supplemental correspondence subsequently received by this office, Philip W. Moore, Assistant Hardin County Attorney confirms that the HCDC has "complied with Mr. Young's request and that he has received the requested records regarding his inmate account." Having spoken with HCDC personnel, Mr. Moore advises us that Mr. Young "is satisfied with the response." Because the HCDC has provided Mr. Young with a copy of his "Inmate Canteen Account," any issues relative to that record are now moot. Pursuant to 40 KAR 1:030, Section 6: "If requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter." 04-ORD-106; 04-ORD-046; 03-ORD-087. Applying this mandate, the Attorney General has consistently held that "the propriety of the initial denial becomes a moot issue" if access to the public records that the requester seeks to inspect or copy is initially denied but subsequently granted. 04-ORD-046, supra, p. 3, citing OAG 91-140. As evidenced by the foregoing authorities, any substantive issues relative to Mr. Young's canteen account became moot upon its release. That being the case, this office must decline to issue a decision on the merits of this appeal.
A party aggrieved by this decision may appeal it by initiating an 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.
Jonathan YoungHardin County Detention CenterP.O. Box 1390Elizabethtown, KY 42702
Louis B. LawsonJailerHardin County Detention CenterP.O. Box 1390Elizabethtown, KY 42702-1390
Jenny LawsonAdministrative DirectorHardin County Detention CenterP.O. Box 1390Elizabethtown, KY 42702-1390
Ken M. HowardHardin County AttorneyP.O. Box 884Elizabethtown, KY 42702-0884