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 Central Kentucky Career Center violated the Open Records Act in the disposition of Charles E. Payne's March 12, 2012, request for access to and "an electronic copy of '[a]ll records pertaining to the re-entry program Steppin' to a New Beat currently administered by [Tanya Fogle] and any other pre-release or re-entry programs [Ms. Fogle] may administer or [be] involved with at this time and the facilities at which these programs currently operate." It is the decision of this office that 12-ORD-107 is dispositive of the issues presented in this appeal insofar as the Central Kentucky Career Center lacked authority to reject Mr. Payne's request because he did not adhere to the agency's "adopted Open Records Policy" and because his "use of 'interrogatories' to indicate the scope of his request did not render that request improper or relieve the [Central Kentucky Career Center] of its duty to conduct a search for responsive records" and produce them for his inspection. 12-ORD-107, p. 5. For the reasons contained in 12-ORD-107, a copy of which is attached hereto and incorporated by reference, we find that the Central Kentucky Career Center violated the Open Records Act in the disposition of Mr. Payne's request, must undertake an adequate search for records responsive to that request, and must thereafter produce the records for his inspection.
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. Distributed to:
Charles PayneLenny Stoltz IITanya Fogle