Request By:
Mr. Edward Girdler
Somerset Housing Authority
McKinley Street
Somerset, Kentucky 42501
Opinion
Opinion By: David L. Armstrong, Attorney General; Thomas R. Emerson, Assistant Attorney General
Ms. Jo Anne Ball who is associated with the news department of a local radio station has appealed to the Attorney General pursuant to KRS 61.880 the failure of your agency to provide her with copies of various documents you had permitted her to inspect in your office.
Ms. Ball first contacted you about inspecting the documents in question by a letter dated January 10, 1985. In her letter to this Office she said you contacted her by telephone and informed her that she could inspect the requested records. She subsequently visited your office, inspected the records, and asked for copies. While you provided her with copies of the minutes of meetings of the Housing Authority, you refused to furnish copies of financial information, most of which was contained in ledger books. She said you indicated the matter had to be discussed with the city attorney. She has not received the copies of the documents from your office nor has she received any explanation as to why the copies cannot be provided.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that you did not comply with the provisions of KRS 61.874(1), a part of the Open Records Law of this state. KRS 61.874(1) states in part as follows:
"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. . . ."
While we do not know precisely what kind of financial information Ms. Ball was requesting, you obviously concluded that the information requested was public information as you permitted her to inspect it. There is no provision in the above quoted statutory section which would allow persons access to public records only for the purpose of reading and examining them and not allow persons to obtain copies of those records which they had read and examined. As a general proposition if a person has the right to inspect records he has the right to obtain copies of those records.
In OAG 76-375, copy enclosed, at page three, we said in part that the right to have copies of records is ancillary to the right of inspection and does not stand by itself. If a person has not inspected the records he desires to copy and cannot describe them with specificity, there is no requirement that copies of any records must be delivered to him. Furthermore, in OAG 78-399, copy enclosed, we said that if any records are withheld from inspection or if copies are denied the custodian of the records must state in writing the reason for withholding the records.
Presumably the city's housing authority was created by the city pursuant to statutory authority, probably KRS Chapter 80. If so, it is a "public agency" as that term is defined in KRS 61.870(1) and subject to the terms and provisions of the Open Records Law. The definition of "public agency" includes in part "any other body which is created by state or local authority in any branch of government." See OAG 78-728 and OAG 80-597, copies of which are enclosed.
It is the opinion of the Attorney General that you, as the executive director of a "public agency, " have not acted in accordance with the requirements of the Open Records Law, specifically KRS 61.874(1), since you have neither furnished copies of the records you permitted the requester to inspect nor advised the requesting party in writing of a legitimate and legal reason why copies of the records cannot be furnished.
As required by statute a copy of this opinion is being sent to the requesting party who has the right to take further action in court if you do not properly respond within 30 days. Furthermore, the public agency is authorized to challenge this opinion in Circuit Court. KRS 61.880(5).