Opinion
Opinion By: Gregory D. Stumbo, 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 (KSP) properly denied the open records request of Robert A. Facen for a copy of KSP investigative records relating to an alleged sexual assault at the Green River Correctional Complex, under authority of KRS 61.878(1)(h), as the investigation is still open. We believe that 97-ORD-126 and 96-ORD-25, copies of which are attached hereto and incorporated by reference, are controlling. Once the investigation or prosecution is completed or a decision to take no legal action has been made, the investigative records will be subject to public inspection unless excluded under another statutorily recognized exception of the Act. The failure of the KSP to respond to the request within three business days constituted a procedural violation of KRS 61.880(1).
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 proceedings.
Robert A. Facen, # 160099CCA/Lee Adjustment CenterP.O. Box 900Beattyville, KY 41311-0900
Deborrah ArnoldCustodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
Brenn O. CombsStaff AttorneyKentucky State Police919 Versailles RoadFrankfort, KY 40601