open records request

ps1mhd · Sep 19, 2017

I made a open records request to KSP a week ago. Hand delivered to KSP HQ
State law says they are to respond in some way within 3 working days so far nothing.
I have called and left messages 3times and this morning called the AG office and left yet
another massage with no responds.
What if any other recourse do I have?
Its over a hours drive there for me.

Mike D

Fallschirjmäger · Sep 19, 2017

You might need to wait for more than 24 hrs for the KY Attorney General's office to respond as it's always possible your request is being answered in order or they are gathering information to relay to you.

If your request is not responded to in 3 working days, or they charge more than 10 cents/page copying fee, then you have the option of turning them into[sic] the Ky. State Attorney General's Office: (1-502-696-5300 Amye Bensenhaver*). Be sure to have documented evidence of the date of your initial request, (i.e. certified signature of receipt card for a written request or a copy of your emailed request mentioning your initial request by phone).

FreedomKentucky.Org

Kentucky Open Records Act 61.872 Right to inspection - Limitation.

* Name may not be current as Amye Bensenhaver is listed as having joined the Bluegrass Institute as director of Center for Open Government.

ps1mhd · Sep 19, 2017

Fallschirmjäger said:
FreedomKentucky.Org

Kentucky Open Records Act [/url=http://www.lrc.ky.gov/Statutes/statute.aspx?id=23060]61.872 Right to inspection - Limitation[/url]

I guess we know the next step.

* Name may not be current as Amye Bensenhaver is listed as having joined the Bluegrass Institute as director of Center for Open Government.

Have all ready called the Ky. State Attorney General's Office left massage no call back yet. Will try again tomorrow from work
when I get a break (12hr shift)

Mike D

gutshot II · Sep 19, 2017

Fallschirmjäger said:
You might need to wait for more than 24 hrs for the KY Attorney General's office to respond as it's always possible your request is being answered in order or they are gathering information to relay to you.

FreedomKentucky.Org

Kentucky Open Records Act 61.872 Right to inspection - Limitation.

* Name may not be current as Amye Bensenhaver is listed as having joined the Bluegrass Institute as director of Center for Open Government.

Amye Bensenhaver resigned her position with the Ky. Attorney General's Office a year ago. She had been a great advocate for transparency in Ky. government for many years and was widely recognized as the preeminent expert on the Ky. Open Records Act and the decisions issued by the AG's office concerning that law over the years. While commenting on her decision to resign the job she had held for more than 25 years and through several different AG administrations Amye said, "It is clear to me I cannot survive, much less thrive, in the current office climate, and I have similar concerns about the open records/meetings laws.” This resignation and the action leading up to it occured shortly after Andy Beshear was elected to the office of KY AG.

When Amye resigned, I posted the news on this forum and predicted that the Commonwealth of Ky. would be the worse because of the loss of Amye in that position and the presence of Andy Beshear in the office. If I were you, I would not expect a lot of help from Andy Beshear's office with this problem. General Beshear is not know as a great fan of the Open Records Act. He seems to prefer that all public records be secret.

http://www.kentucky.com/news/politics-government/article99307132.html

gutshot II · Sep 19, 2017

ps1mhd said:
I made a open records request to KSP a week ago. Hand delivered to KSP HQ
State law says they are to respond in some way within 3 working days so far nothing.
I have called and left messages 3times and this morning called the AG office and left yet
another massage with no responds.
What if any other recourse do I have?
Its over a hours drive there for me.

Mike D

Without more information, it is difficult to give much advice on this. There are several types of records and several situations that can make a public record exempt from the Open Records Act. Many of these exemptions are related to police records. Please be aware that the law says that they must "respond" within 3 days. It does not say that they must produce the records within 3 days. The "response" might be that the records are being used by another agency and will not be availible for XXX number of days or any of several other excuses. From a list of exemptions to the ORR statutes, this is one of my favorites and may be related to your situation:

(h) Records of law enforcement agencies or agencies involved in
administrative adjudication if disclosure of the records would
harm the agency by premature release. Such records may be
inspected after enforcement action is completed or a decision is
made to take no action, unless they were compiled and
maintained by a county or commonwealth’s attorney or unless
another exception applies;

None of these exemptions excuses them from responding with some reason within the 3 day period. Some ORR's go unfulfilled for months. I hope yours is not one of those. Good luck with whatever you are trying to get. It is always a good idea to keep them on their toes and force them to comply with the law, even if you can't make them show the records.

Fallschirjmäger · Sep 20, 2017

Just a small point, Gutshot II but "resigned", or "retired"?

Her tweet and all the news reports I've seen on the matter say 'retired'. This is the first I've heard of it being characterized as a 'resignation. A small point, but it's the difference between being an ex-President and a former-President.

solus · Sep 20, 2017

Fallschirmjäger said:
Just a small point, Gutshot II but "resigned", or "retired"?

Her tweet and all the news reports I've seen on the matter say 'retired'. This is the first I've heard of it being characterized as a 'resignation. A small point, but it's the difference between being an ex-President and a former-President.

my sincere apology to Ky folks...but a small point...

'ex-' or 'former' is still referring to "Mister" Xyz since the office of the President is a one time honor. as such the previous holder is not afforded the privilege of the title after leaving office!

official intro "the honorable x y z, 43rd President of the US of A."

meet the 44th on the street or at one of his speaking engagements and it is hello Mr. Obama nice speech!

and no, the corrupt Newt's title is Mr. not Mr. Speaker no matter what Newt's ego believes!

gutshot II · Sep 20, 2017

Nightmare said:
Elsewhere here a swinging member wrote of contracting one’s representatives. There I noted that a telephone call will reach only an aide, and an e-mail will become a check mark and be deleted. A USPS first class may be read and added to the Forget stack or even round-filed.

An FOIA demand must at least be posted certified-return receipt requested. The only sure attention getter is legal service. The rule is that the more inconvenient and expensive the more likely to receive attention.

Now, of course, if one is an elite citizen then the representative will slaver at your attention.

There are no "demands" for open records in KY. One politely "requests" that a public official retrieve a public record and offer to "display" it. Of course I know that you have "demanded" hundreds of public records in Ky. and are in a position to tell us all how it is done, but in this case you are just WRONG.

I often pick up my phone and call State Senators and Representatives. I go through a receptionist at their office or, perhaps,go through their wives if I call them at home. It is easy to contact state legislators in KY. Most of them list their home/cell phone numbers on the LRC website. They are usually happy to hear from constituents or other interested parties.
Once again, Nightmare, you have chosen to pontificate on a subject that you know nothing about. Being a state legislator is a part time job in Ky. These people have homes and jobs where they can be contacted. Most of them have no "aides". When they are in their offices in Frankfort, four of them usually share one receptionist.

solus said:
my sincere apology to Ky folks...but a small point...

'ex-' or 'former' is still referring to "Mister" Xyz since the office of the President is a one time honor. as such the previous holder is not afforded the privilege of the title after leaving office!

official intro "the honorable x y z, 43rd President of the US of A."

meet the 44th on the street or at one of his speaking engagements and it is hello Mr. Obama nice speech!

and no, the corrupt Newt's title is Mr. not Mr. Speaker no matter what Newt's ego believes!

Amye was never any kind of President and I did not refer to her as an "ex" or "former" anything.

Fallschirmjäger said:
Just a small point, Gutshot II but "resigned", or "retired"?

Her tweet and all the news reports I've seen on the matter say 'retired'. This is the first I've heard of it being characterized as a 'resignation. A small point, but it's the difference between being an ex-President and a former-President.

I disagree. It is not a small point. It is a "tiny" point, purhaps even "minuscule". Amye was never any kind of President. Let me attempt to clarify as much as I am able. Amye "resigned" her position at the Attorney General's office and then, later "retired" from her 25 year employment with Ky. state government. I know she "resigned" because I have seen a copy of her letter of "resignation". It is not possible to "retire" from the Office of the Attorney General of the Commonwealth of Ky. as that office does not have a separate retirement plan. A "state" employee can retire from employment with Ky. state government by filing for "retirement" with the Ky. State Employee Retirement System. I hope that this explanation will fully satisfy all of the anal retentive knit pickers and those with nothing more to do than to look at every word of a post in hopes of finding something to argue about. Whether the lady "resigned" or "retired", and in what order, does nothing the get Mike his ORR or to make this forum any more pleasant to read and certainly doesn't encourage anyone to post here. The facts are that she both "retired" and "resigned", but not in that order and not on the same day. She did not "retire" until after she accepted employment with the Bluegrass Institute. If the members of this forum would put one tenth of the effort that they expend on playing "gotcha" and being rude and contemptuous into being polite, OCDO would not be losing all of its valuable members. This is the reason you see so little of me on OCDO now a days. Posting and reading posts on OCDO is not a pleasant experience.

Fallschirjmäger · Sep 20, 2017

Someone's feelings seem hurt, do you need a 'safe space'?
I didn't play a game of "gotcha!", I made an inquiry as to the circumstances under which she left the employ of the state.

The similarity between expressions can be tricky, not only for those learning English but for native speakers as well. However, ex- and former are not and cannot be treated the same and should not be used interchangeably.

Both words, ex and former, mean that a person has completed something or that a situation/relationship has ended. The difference between the two lies in how it ended or was completed.

“Former” is the good one. Use it when a situation ends not because of negative reasons or circumstances. If your relationship with your husband, wife, boyfriend or girlfriend ends, it would be a good idea to use former in the case where you and your partner decided and mutually agreed that both of you were not meant for each other and your split was mutual and on friendly terms. Likewise, your former boss probably wanted a new challenge, found a new job and left the company without incident.
“Ex” is used when a situation ends because of negative reasons. Ex-wife/ ex-husband (the marriage ended in divorce because one person cheated, was abusive, etc.) Ex-student / ex-colleague/ ex-boss (the student was expelled from school; the colleague or boss was fired from his job). When you think “ex”, think something negative must have happened to bring an end to the situation.

The difference may be shown by example - -
Ex-financier, Mr. Bigpockets, has been sentenced to 10 years in prison as a result of embezzlement.
Former financier, Mr. Bigpockets, has accepted a position with the Borlaug Institute, well known for philanthropic causes.

Ex-82nd Airborne paratrooper caught with a chest full of unearned ribbons.
Former 82nd Airborne paratrooper honored for his work as a firefighter.

Resigned President Obama gives a speech to the DNC.
Retired President Obama gives a speech to the Black Caucus.

Similarly, there is a difference between a teacher that has resigned versus a teacher that has retired.

Amye was never any kind of President and I did not refer to her as an "ex" or "former" anything.

The obvious strawman is obvious. No one ever said you had. I said there's a difference between 'retired' and 'resigned' and illustrated that by using the example of 'ex-' versus 'former'.

open records request

ps1mhd

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ps1mhd

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gutshot II

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gutshot II

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solus

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