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 Shelby County Detention Center did not violate the Open Records Act in denying Charon Anderson's October 25, 2014, request for her medical records, including those "sent to Shelbyville Medical by any and all outside sources." Pursuant to 40 KAR 1:030 Section 6 the Attorney General "mooted" an earlier appeal, involving the same records, filed by Ms. Anderson because the Detention Center made the records available to her after she initiated her appeal. 1 Ms. Anderson acknowledges receipt of those records in a postscript to her letter of appeal. She attaches additional documents to her letter of appeal, references those documents in the letter, but raises no new open records issues.
In 95-ORD-47 the Attorney General recognized that an agency is not "required to satisfy the identical request a second time in the absence of some justification for resubmitting the request." 95-ORD-47, p. 6; see also 08-ORD-194 and 14-ORD-192. These authorities support the Detention Center's denial of Ms. Anderson's request for medical records it previously disclosed to her, and we therefore find no violation of the Open Records Act.
Either party may appeal this decision 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.
Footnotes
Footnotes
1 40 KAR 1:030 Section 6 provides, "If the requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter."