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 Northpoint Training Center did not violate the Open Records Act in the disposition of Glenn Niehaus's December 3, 2009, request to inspect "all documents in the possession of Alisha Stark, secretary for the Bluegrass Community College at [NTC], that demonstrate that prior to 2009, I never had a GED or a high school diploma." We find that 00-ORD-225, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. Because Mr. Niehaus is precluded from onsite inspection by virtue of the circumstances of his confinement, and because he continues to assert his preference to inspect, notwithstanding NTC's offer to provide him with copies upon prepayment of copying and postage charges, NTC is not obligated under the Kentucky Open Records Act to afford him access to the records identified in his request. Substantively, we find no error in the disposition of that request.
NTC did not provide this office with a copy of the response mailed to Mr. Niehaus four days after the statutorily mandated deadline, but assures us that it was substantively correct. Emphasizing that Mr. Niehaus is "not even located at the same facility as the records he seeks to inspect, " NTC asserts that it is "under no obligation to transport him to [the facility] for inspection or to transfer the records to LAC for inspection. " We concur with NTC in this position.
This office is not equipped to allay Mr. Niehaus's concerns that the records NTC offers to mail him upon prepayment of reasonable copying charges and postage are not truly responsive to his request. Should his concerns materialize, he may pursue this matter in the courts.
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.
Glenn Niehaus, # 219537Andrea M. WindsorJonathan S. Milby