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 Lee County Jailer and the Three Forks Regional Detention Center violated the Kentucky Open Records Act in the disposition of Bryce D. Franklin's December 9, 2009, request for copies of certain jail records. Since the jail and the jailer both failed to respond to Mr. Franklin's request, we find that they violated the Act.
In his December 9 request, which was mailed both to the jailer and to the jail, Mr. Franklin requested:
copies of all reports, notes, interviews, photographs, untranscribed tape recordings, test results and all other documents whatsoever relating to :
1. The incarceration of Frances G. Landrum at Three Forks Regional Jail;
2. All events relating to Frances G. Landrum on 05/09/09;
3. The death of Frances G. Landrum or any investigation of this death.
Mr. Franklin initiated an appeal to this office on January 6, 2010, after having received no response to his request. Neither the jailer nor the jail submitted any response to this appeal.
Since the appellees had the duty to respond to Mr. Franklin's request within three business days under KRS 61.880(1), we must conclude that they procedurally violated the Open Records Act by not doing so. Furthermore, since they have asserted no exceptions under KRS 61.878 to the duty to disclose public records, they have not met their burden of proof under KRS 61.880(2)(c) and we therefore find that they substantively violated KRS 61.872(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.
Bryce D. Franklin, Esq.Thomas K. Hollon, Esq.Corbett DunawayHarvey Pelfrey