Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the City of LaGrange violated the Open Records Act in its response to Charles W. McCarrick's December 10, 2008, request for "a copy of the letter of September 2, 2008 from the Oldham County Planning commission, Louise Allen Director to Mayor Elsie Carter ? regarding the Riebel Property." For the reasons that follow, we find that the City's response violated the procedural provisions of the Act.
In response to Mr. McCarrick's request, City Clerk Stephanie Cooper sent a letter on December 10, 2008, stating as follows: "Regarding your letter dated December 10, 2008, I would like you to be aware that we have received your Open Records Act request. We will contact you in writing within 14 city business days in response to your request." Mr. McCarrick appeals to this Office based on the protracted time period announced in the City's letter. This Office has received no response from the City to Mr. McCarrick's appeal.
KRS 61.872(5) requires any delay in the release of a public record in excess of three business days to be accompanied by "a detailed explanation of the cause ? for further delay and the place, time, and earliest date on which the public record will be available for inspection." Since the City's December 10 response contained neither an explanation for the delay nor a statement of when and where the public record would be made available, the City violated this procedural requirement of the Open Records Act.
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.
Distributed to:
Charles W. McCarrickStephanie Cooper, City Clerk