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 Department of Corrections violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Judith Ann Campbell on May 7, 2005, for copies of audiotapes in the possession of Investigator Jonathan Collett from January 27, 2005, "when you met with my husband John Bruce Campbell at the Eastern Kentucky Correctional Complex" and from February 28, 2005, "when I met with you and Ms. Tracy Howard." Upon receiving notification of Ms. Campbell's appeal from this office, Emily Dennis, Staff Attorney, Justice and Public Safety Cabinet, responded on behalf of the DOC. As correctly observed by Ms. Dennis, the same request was at issue in the appeal filed by Mr. Campbell against the DOC, Log Number 200500619, which culminated in 05-ORD-252, a copy of which is attached to Ms. Dennis' response. In addition, Ms. Dennis argues:
Mrs. Campbell is not entitled to the relief she seeks, as she fails to demonstrate that she has been denied access to public records in violation of the [Open Records Act] or that the public agency has refused to provide a written response to her alleged request. See KRS 61.880(2)(a). As previously stated in the DOC's response to appeal # 200500619, DOC Internal Affairs Investigator Jonathan Collett has never received the request Judith Ann Campbell alleges she made. [] This appeal and the former appeal (# 200500619) are so similar in format and typestyle that it appears her husband, state inmate John Bruce Campbell, # 108924, prepared the appeal on Ms. Campbell's behalf.
If Mrs. Campbell wants to submit an open records request to Jon Collett, there is nothing to prevent her from so doing. However, since Judith Ann Campbell fails to demonstrate grounds upon which to conclude that the DOC violated the Kentucky Open Records Act by refusing to respond to a request that the DOC never received, the DOC respectfully requests the Office of [the] Attorney General to determine that no violation of [the Act] has occurred in this case.
Having reviewed the record in both appeals, this office finds that 05-ORD-252, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented; the Attorney General is unable to resolve factual disputes concerning the actual delivery and receipt of a request. Given the "identity of purpose" between Mr. and Mrs. Campbell, the DOC is not required to disclose records to her which Mr. Campbell is precluded from acquiring pursuant to KRS 197.025(1) and (2). Id. None of the remaining issues raised by Ms. Campbell are properly raised in the context of an Open Records appeal. To the contrary, the role of the Attorney General is narrowly defined by KRS 61.880(2)(a); this office is without authority to deviate from that statutory mandate.
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.
Judith Ann Campbell5533 Limaburg Road, Apt. EBurlington, KY 41005
Jim Collett, InvestigatorDepartment of CorrectionsP.O. Box 2400Frankfort, KY 40601
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601