Request By:
Hon. Ralph E. McClanahan
Judge/Executive
Estill County Courthouse
Irvine, Kentucky 40336
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General as to whether a person who inspects and copies certain public records of the County Judge/Executive's Office may be required to furnish a copy of the copies he has made to the custodian of the records. You state the opinion that requiring the requester to leave a copy of such copies would protect the custodian from any claim later made that he had not allowed inspection of all of the documents requested. We think that this is a matter within the control of the custodian of the records. The custodian of public records is not required to allow a person to inspect records without supervision. When the requester desires photocopies of records, he should specify the records he wants copied, and the copies should be made by the custodian for a prescribed fee. The applicable statute is KRS 61.874 which reads as follows:
"61.874 Abstracts, memoranda, copies; agency may prescribe fee
(1) Upon inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all written public records. When copies are requested, the custodian may require a written request and advance payment of the prescribed fee. If the applicant desires copies of public records other than written records, the custodian of such records shall permit the applicant to duplicate such records, however, the custodian may ensure that such duplication will not damage or alter the records.
(2) The public agency may prescribe a reasonable fee for making copies of public records which shall not exceed the actual cost thereof not including the cost of staff required."
If any records are withheld from inspection or if copies are denied, the custodian must state the reason for withholding the record in writing and send a copy of his answer to the Attorney General as required by KRS 61.880.
In summary, we would point out that the statute allows a person inspecting records to make abstracts and memoranda, but if he desires photocopies he must request that they be made for him by the custodian.