Request By:
Mr. Sam Moore
Martin County Court Clerk
Inez, Kentucky 41224
Opinion
Opinion By: David L. Armstrong, Attorney General; Cicely D. Jaracz, Assistant Attorney General
Ms. Gladys Maynard, Chairperson of the Concerned Citizens of Martin County (CCMC) has appealed to the Attorney General pursuant to KRS 61.880 your failure to respond to her request for copies of certain public records. Specifically, Ms. Maynard made three requests for documentation of copying costs as well as records pertaining to the billing and collection of copying fees for fiscal year 1982-83. As of February 8, 1984 she has not received any response from your office.
Ms. Maynard's request stems from three bills sent by your office to CCMC for copying fees: July 7, 1982, 52 copies/1.00 each$52.00March 7, 1983, 59 copies/.25 each14.75June 16, 1983, 19 copies/1.00 each19.00
Due to the fluctuation in price, Ms. Maynard wrote to you on July 19, 1983, August 18, 1983, and December 20, 1983 requesting the above-mentioned records and an explanation for the price fluctuation.
OPINION OF THE ATTORNEY GENERAL
First, an agency is required to make a written response to a written request to inspect public records within three days from receipt of the request "unless a detailed explanation of the cause is given for further delay and the place, time and earliest date on which the public record will be available for inspection" is given. KRS 61.872(4). However, in this case the request was not for the opportunity to inspect records, but that copies of records be provided. Ms. Maynard requested your office to forward documentation of copying costs as well as records pertaining to the billing and collection of copying fees for fiscal year 1982-83. In OAG 76-375 we said that the right to have copies of public records is ancillary to the right of inspection. There is no requirement that the agency send copies of records until the requestor makes his inspection.
It is therefore our opinion that the requested records be made available for public inspection, and that any person inspecting the records and requesting a copy be sold that copy.
Secondly, as you are aware, KRS 61.874(2) provides that a "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." Since the "reasonable fee" for copying public documents cannot include the cost of staff, the computation of a "reasonable fee" must relate to the cost of the copying machine plus operating costs. Whether $1.00 per page or 25 per page is unreasonable depends therefore on the cost of the copier including operating costs. If you are unsure of actual costs, you might wish to consult your copier manufacturer and adjust the copy cost accordingly.
The "reasonable fee" provision of KRS 61.874(2) applies only when there is no other applicable fee statute. KRS 64.012, pertaining to fees of county clerks, therefore governs over KRS 61.874(2) in case of a conflict. KRS 64.012 prescribes a fee of $1.50 for a copy of a bond, $3.50 for a certified copy of a deed, and $3.50 for a certified copy of a real estate mortgage. Copies of other public documents are governed by the KRS 61.874(2) "reasonable fee" mandate.
It is therefore the opinion of the Attorney General that the records requested by Ms. Maynard be made available to public inspection. Furthermore, you need to make an assessment as to the actual cost for copies and adjust your price accordingly.
As directed by statute, a copy of this opinion is being sent to the requestor. Should you decide not to comply with this opinion you may initiate further proceedings pursuant to KRS 61.880(5).