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How the open records law worksBy The ASSOCIATED PRESS The Kentucky Open Records Act requires that documents in the possession of a public agency even those on computer be made available to the public. Some records are exempt from the law, such as confidential business information or trade secrets and records of ongoing investigations. Heres a look at how the law works: QUESTION: What is a public agency that must have open records? ANSWER: The law applies to all state and local officers and government agencies, including school boards, and any other body which is created by the state or local government or which gets more than 25 percent of its funding from state or local authorities. Examples are school boards, city councils, fiscal courts, state offices and municipal corporations. Q: What is an open record? A: All books, papers, maps, photographs, cards, tapes, discs, diskettes, software, recordings or other documentation regardless of physical form or characteristics, that are prepared, owned, or used in the possession of a public agency. Q: From whom do you request access to open records? A: The official custodian of records of a public agency is the chief administrative officer or any other employee who is responsible for maintenance, care and keeping of public records. Q: How can you gain access to public records? A: To obtain such records, it is always best to make your request in writing to the public agency involved. You may make the request in person, by mail or by fax machine. Keep a copy of your request for your records in case a dispute arises later about whether the agency showed you all the documents you sought. The agency is required to allow you to inspect and copy the records if they are not exempt from inspection. It is to respond to your request within three working days of receiving it. You may have to go to the agencys office to get the records, and it can also make a reasonable charge for the cost of copying documents. For example, most state agencies charge 10 cents a copy. You also have to pay postage if the records are mailed to you. If your request is made to a person who is not the record keeper, that person must give you the name and location of the person who is. Q: What if your request is denied? A: If your request is denied, the public agency must say in writing what section of the law gives it the right to withhold the records. You can ask the state attorney general to review the denial. If the attorney general rules against you, you can file a lawsuit in circuit court. The attorney general has 20 days to issue an opinion to you and the agency. The address for the Kentucky Attorney General is: Office of Attorney General, Capitol Building, Suite 118, Frankfort, Ky., 40601. Its phone number is (502) 696-5300. The state attorney generals office receives about 300 appeals each year involving open records and meetings, says Vicki Glass, a spokeswoman for Attorney General Greg Stumbo. Kentucky also has an Open Meetings Law, requiring public agencies to conduct open meetings in which they discuss or act on business. If a public agency believes your repeated requests for open records are intended to disrupt the operations of the agency, it can refuse your request; however, there must be clear evidence that you have abused the right. If you win an open records lawsuit, the court has the discretion to require the agency to pay your attorneys fees and pay you up to $25 for each day you were denied access to the record. Q: What records are excluded? A: You cannot see personal records that would be an invasion of a persons privacy; confidential records for scientific research; records that would give a competitor an unfair advantage, such as documents submitted in connection with loans or regarding prospective location of a business if not already known publicly; documents related to purchase of property by a public agency; academic tests for licenses; and law enforcement investigations before action is taken. If open and closed records are intermingled among records you request, the record keeper must separate the materials and allow you to see those that are open. |
