Opinion
Opinion By: Gregory D. Stumbo, 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 although his response was procedurally deficient, the Logan County Commonwealth's Attorney properly denied Bryan Reinhardt's August 6, 2004, request for identification records verifying his identity. Records and information compiled and maintained by Commonwealth's Attorneys pertaining to criminal investigation or criminal litigation are permanently excluded from the application of the Open Records Act by operation of KRS 61.878(1)(h). However, it was incumbent on the Commonwealth's Attorney to cite this exception to the Act in denying Mr. Reinhardt's request in writing and within three business days of receipt of his request. Because he failed to do so, the Commonwealth's Attorney's disposition of the request was procedurally deficient. KRS 61.880(1).
Nevertheless, we find that 98-ORD-197 is dispositive of this issue. A copy of 98-ORD-197 is attached hereto and incorporated by reference. With the exception of the procedural violation noted above, we find no error in the Commonwealth's Attorney's refusal to produce the requested records.
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.
Bryan L. Reinhardt, # 173109 D-1Northpoint Training CenterP.O. Box 479Burgin, KY 40310
Charles R. OrangeLogan County Commonwealth's AttorneyP. O. Box 1133Russellville, KY 42276-1133