Request By:
Mr. Eddie Lowell Brown, Superintendent
McCreary County Schools
Box 190
Whitley City, Kentucky 42653
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
Ms. Patricia D. Ball has appealed to the Attorney General pursuant to KRS 61.880 your denial of five separate requests for copies of public records in your custody, as follows:
A. The names of the persons who have substitute taught at McCreary Central, Pine Knot Middle, Whitley City Middle, Pine Knot Elementary, Smith Town Elementary and Stearns Elementary; and the number of days each person has taught at each school for the time period from August 25, 1982 through March 29, 1983.
B. A copy of teacher assignments (subject or subjects taught) for school years 1978-79, 1979-80, 1980-81, 1981-82, and 1982-83 at each of the following schools: McCreary Central, Pine Knot Middle, Whitley City Middle.
C. A copy of the computer print-out of the PSD forms, showing teacher assignment and teacher majors and minors for school years 1980-81, 1981-82 and 1982-83.
D. The names of the teachers teaching in the Science curriculum subjects, and the specific area of instruction for each teacher at McCreary Central, Whitley City Middle, and Pine Knot Middle for each of the following years: 1978-79, 1979-80, 1980-81, 1981-82, and 1982-83.
E. Verification that the teachers teaching the Science curriculum at McCreary Central, Pine Knot Middle, and Whitley City Middle were and are certified by the State of Kentucky to teach the subjects for which they have been hired for the following school years: 1978-79, 1979-80, 1980-81, 1981-82, and 1982-83.
Ms. Ball's letter states that you verbally denied her request. She does not state whether you gave any explanation for your denial.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that you have not acted in accordance with the Kentucky Open Records Law, KRS 61.870 to 61.884, in that you have not made a written reply to Ms. Ball's written request to inspect records. KRS 61.880(1) provides as follows:
"Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three days (excepting Saturday, Sunday and legal holidays) after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request within the three day period, of its decision. Any agency response denying in whole or in part, inspection of any records shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld. The response shall be issued by the official custodian or under his authority, and it shall constitute final agency action."
We would point out to you and to Ms. Ball that the Open Records Law applies to records which are in existence and does not require a public agency to prepare a list of names or information which does not exist. If a requested record does not exist you should so state in your reply.
If you believe that a requested record is exempt under one of the exceptions given in KRS 61.878 you should specify which exemption you believe applies and the reasons it applies. As far as we can tell from the information at hand all of the requested records concern public business and should be made available for public inspection if records containing the desired information are in existence.
As directed by statute a copy of this opinion is being sent to the requester.