Opinion
Opinion By: Jack Conway, 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 the Division of Probation and Parole did not violate the Open Records Act, either procedurally or substantively, in denying Walter H. Park's July 11, 2008, request for documentation relating to his "home and job placement . . . for [his] parole dated 06-07-05." Because Mr. Park's July 11 request did not reach it, the Division cannot be said to have violated KRS 61.880(1) or KRS 197.025(7) in failing to respond to that request. See 08-ORD-007 (enclosed and incorporated by reference). Because Mr. Park requested access to some records that enjoy statutory protection pursuant to KRS 439.510 , the Division cannot be said to have violated KRS 61.872(1), in refusing to mail Mr. Park copies of the records. See 01-ORD-97 (enclosed and incorporated by reference). Because the remaining records to which Mr. Park requested access do not exist, the Division cannot be said to have violated any other provision of the Open Records Act in denying the remainder of his request. See 98-ORD-171 (enclosed and incorporated by reference). We therefore find no violation of the Open Records Act in the disposition of Mr. Park's request. 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 proceeding.
Footnotes
Footnotes
1 Because the Division's offer to make "special arrangements" for Mr. Park to inspect otherwise protected records is unrelated to its duties under the Open Records Act, we do not address this issue.