Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Boyd County Detention Center ("BCDC") violated the Open Records Act in failing to respond to a request for records within three days. We find that BCDC committed a procedural violation of the Open Records Act in failing to respond to a request for records within three days.
James Danner ("Danner") submitted an open records request to BCDC on Dec. 22, 2013. Danner requested "a copy of the jail record shows the time that I spent in jail after my arrest, and until I posted bond. And that shows the time that I spent in jail after I came back to jail after I was out on bond. For case number (96-CR-00010)." Danner's request further noted that "this is the (5th) time that I have requested this information. YOU HAVE THREE DAYS TO ANSWER THIS REQUEST PURSUANT TO KRS CHAPTER 61.880(2)." Danner initiated this appeal on Jan. 7, 2014, alleging a violation of KRS 61.880(1). Danner stated that "the Boyd County Detention Center, will not answer any open records request." On Jan. 14, 2014, BCDC responded that "records are destroyed every five (5) years as a matter of practice and procedure. Therefore, any records which would have existed in 1996 have been destroyed with the exception of the enclosed single document." 1 BCDC attached a document entitled "Detainee Search Results," a spreadsheet containing book dates and release dates for Danner from 1991 through 1996. 2
KRS 61.880(1) provides:
Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days . . . after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision.
KRS 61.880(1) requires an agency to respond to an open records request within three business days. In failing to respond to Danner's request within three days, BCDC committed a procedural violation of the Open Records Act.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.880(5)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.
Distributed to:
James Danner # 125999Joe BurchettC. Phillip Hedrick
Footnotes
Footnotes