Request By:
Ms. Blanche Shy
Deputy Clerk
Franklin County Courthouse
P.O. Box 338
Frankfort, Kentucky 40602
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
As Deputy County Clerk you request for the County Clerk our opinion on the question as to whether or not your office can legally send copies of unspecified recorded instruments (such as deeds, wills, land purchase contracts, mortgages, deed of trust) to parties requesting them by mail. The Jerry Falwell and the Old-Time Gospel Hour requested that you send them a photocopy of "a recently recorded (1) deed, (2) will, (3) land purchase contract, (4) assignment of either a land purchase contract, mortgage, or deed of trust. " They wrote: "Any document that was recorded in the last six months will be acceptable."
Since no specific records are mentioned in the request, the general term "a deed" or "a will" recently recorded standing alone does constitute a public record as defined in KRS 61.870(2); however, even the right of inspection of recorded instruments generally, which is not sought here, may be refused where the application places an unreasonable burden on your office in producing voluminous public records. KRS 61.872(5). An agency of government is required to allow inspection of all of its public records, unless the records are exempted by their nature under KRS 61.878 or by other statute. The open records law does not require that a requester state the reason for his request to inspect or copy public records. See KRS 61.872.
Here the Jerry Falwell organization wants one copy of each of four types of instruments.
It is our opinion that the Open Records Act does not require the county clerks of Kentucky to provide copies of public records upon a request made by mail.
Further, since the requesters of copies of records have not inspected any of your records, and have not described any specific records, you are under no duty to furnish the copies requested. The right to have copies of records is ancillary to the right of inspection and does not stand by itself. KRS 61.874(1).
Under the total circumstances, it is our opinion that the county clerk may, if he wishes, furnish a copy of each type of recorded instrument requested to Falwell et al., provided they pay the clerk the appropriate statutory fee for making the copies. We are referring primarily to KRS 64.012, which is a specific statute pertaining to the county clerk's fees. As such, the specific statute, KRS 64.012, governs over the general, KRS 61.874. See
City of Bowling Green v. Board of Education, Ky., 443 S.W.2d 243 (1969) 247. On that basis under KRS 64.012, a copy and certification of a deed of trust is $3.50. A certified copy of a deed is $3.50. A certified copy of a real estate mortgage is $3.50. The copy of a will, a land purchase contract, and assignment of a land purchase contract would be governed by KRS 61.874(2), the general law, which provides that the 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.
KRS 61.874(2) is a residual and general statute and applies where there is no other applicable and specific fee statute. KRS 64.012 will apply, as indicated above, where the language on that schedule is appropriate and applicable to the particular clerk's record. Under KRS 61.874(2), the cost computation cannot include the officer personnel cost; it can only relate to the cost in terms of the copier machine, paper and allied supplies. The public agency concerned should consult the manufacturer of the copies to determine what such a cost factor should be.