Requests under the Open Records Act must be sufficiently
specific for the agency to be able to search for responsive records.
On Oct. 10, 2016, the office of Attorney General Andy Beshear issued an opinion
in the appeal of In re: Matthew
Pendley/Division of Probation and Parole, 16-ORD-221.
Pendley, an inmate, stated he requested records
on June 14 about documents relating to his parole, including notes. He appealed
on Aug. 30, after not hearing anything from the Division of Probation and
Parole.
Upon appeal, the division responded that it did not
receive the request on June 14 and only became aware of the request after the
appeal.
The division also provided Pendley with two responsive
documents in a Sept. 16 letter, but denied other parts of the request as exempt
under KRS 61.878(l)(1) and KRS 439.501. It was also denied because of the “any
and all records” wording, as it was too broad in nature, but the division requested Pendley
amend his request to describe the documents he wanted with specificity.
Beshear found that because the request did not get to the
requester until after the appeal, it did not violate the timely response
requirement. It also properly cited the exceptions that documents could be
withheld by and clearly explained the decision.
Beshear also affirmed the denial of parole compliance notes
and officer notes because of KRS 439.510, which states information obtained in
the discharge of official duty by probation or parole officers is privileged and
not subject to disclosure.
Lastly, Pendley must be more specific in relation to the
documents he is requesting with regard to his parole.
Therefore, the division did not violation the Open Records
Act.
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