Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Oldham County Attorney violated the Open Records Act by not responding to an open records request by Kentucky State Reformatory inmate Jon Bennett. We find no violation of the Act.
In his request dated November 4, 2016, purportedly mailed to the Oldham County Attorney's office, Mr. Bennett requested "[a] copy of the Kentucky Criminal Rules RCr 2.02 Criminal Complaint mailed to the Oldham County Attorney Office for process October 2016, Affriant [ sic ]: Jon Bennett # 212432, Defendant: Oakley Gambrel AND Any and all responses to the above requested documents." After receiving no response, Mr. Bennett initiated an appeal dated November 21, 2016.
On December 1, 2016, Oldham County Attorney John K. Carter responded to the appeal as follows:
Our office has received no open records request from John [ sic ] Bennett. Our office received a criminal complaint in which Inmate Bennett seeks to charge Oakley Gambrel, a Corrections Officer for the Kentucky Department of Corrections, with Promoting Dangerous Contraband 1st degree, and Official Misconduct 1st degree. We do not process criminal complaints from inmates housed in any state or local institution within our jurisdiction. Complaints from state inmates of like ilk are investigated and brought to our office by the institution's Internal Affairs Unit.
Based on Mr. Carter's representation, we cannot find a violation of the Open Records Act for failure to respond to a request his office never received. It is apparent, however, that Mr. Carter's office did receive the document Mr. Bennett is seeking, which, subject to any applicable exceptions under KRS 61.878, should be provided to Mr. Bennett if the County Attorney's office still possesses it.
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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.