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 Shelbyville Police Department violated KRS 61.880(1) in failing to issue a written response to Antoinette Taylor's September 15, 2010, request within three business days, but committed no other violation of the Open Records Act in partially denying that request. On October 1, 2010, the Department honored Ms. Taylor's request for "law enforcement data" relating to incident numbers 08261067 and 09121041 by providing her with copies of the KYIBRS Report for each incident. In response to her request for "[a]ll the basic information about the law enforcement officer's response to the incident at 99 Gray Hawk Drive, Shelbyville, Kentucky on August 16, 2010, and September 12, 2010," the Department advised Ms. Taylor that it had "no other written records relating to the incident described in paragraph 3 other than the records that are enclosed," and suggested that she submit a request for additional records identified in her request to Shelby County E-911 Communications.
KRS 61.880(1) requires public agencies to issue a written response to an open records request within three business days. The Department failed to do so, and its October 1, 2010, response to Ms. Taylor's September 15, 2010, request constituted a violation of KRS 61.880(1). That response was, in all other respects, consistent with the requirements of the Open Records Act. The Department made full disclosure of all responsive records in its possession and redacted only personal information such as social security numbers and telephone numbers pursuant to KRS 61.878(1)(a). Ms. Taylor acknowledged the Department's right to withhold personal information that did not advance the public's right to know in her request letter. The Department also notified Ms. Taylor that it maintained no other responsive records and furnished her with the name and location of the agency most likely to maintain additional responsive records in a manner consistent with KRS 61.872(4). Having done so, it could do no more. We find no violation of the Open Records Act in the Shelby County Police Department's handling of Ms. Taylor's appeal other than the procedural violation noted above.
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.
Antoinette TaylorCol. Bob SchutteFrank F. Chuppe