Opinion
Opinion By: Andy Beshear, Attorney General; J. Marcus Jones, Assistant Attorney General
Open Records Decision
On February 15, 2018, Orlando Saxton ("Appellant"), a prison inmate at the Kentucky State Reformatory, submitted an open records requests with the Mayfield Police Department ("Department"). Appellant attached his open records request to the appeal. The request indicates that Appellant made a request seeking "a copy of everything in my file." Appellant specifically identified some of the requested documents, including: criminal complaints; medical reports; correspondences with the Kentucky State Police Department; interviews with witnesses; investigator notes; requests for examinations; and arrest warrants. Appellant filed an appeal of the request with this Office on March 26, 2018. Appellant stated a claim in his appeal that the open records request "has been ignored by the department." However, during the course of the appeal, this Office obtained a copy of the Department's response. In a response dated February 25, 2018, the Department denied the request in part, but provided a redacted copy of an initial KYIBRS 1 report.
Because the Department's response was not provided with the appeal as required by KRS 61.880(2)(a), the appeal is unperfected and we are precluded from considering the merits. KRS 61.880(2)(a) establishes the requirements for an Open Records Appeal. The statute states:
"If a complaining party wishes the Attorney General to review a public agency's denial of a request to inspect a public record, the complaining party shall forward to the Attorney General a copy of the written request and a copy of the written response denying inspection. If the public agency refuses to provide a written response, a complaining party shall provide a copy of the written request. The Attorney General shall review the request and denial and issue within twenty (20) days, excepting Saturdays, Sundays and legal holidays, a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884."
We interpret this provision to mean that the written request and the agency's written response, if any, comprise the record upon which the Attorney General relies in reviewing the actions of the public agency. See 13-ORD-011; 17-ORD-118. Appellant failed to comply with this requirement when he attached a copy of his open records request to the appeal, but omitted the agency response. Further, 40 KAR 1:030, Section 1 2 prohibits this office from considering an appeal that fails to conform to the content requirements stated in KRS 61.880(2)(a). Pursuant to the mandates of KRS 61.880(2)(a) and 40 KAR 1:030, we find that Appellant failed to perfect his appeal due to the omission of the agency response. Therefore, this Office is precluded from considering the issues presented in the appeal.
A party aggrieved by this decision shall appeal it by initiating action in the appropriate circuit court per KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
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