Request By:
Mr. Mark F. Weber
Associate Administrator/C.O.O.
Owensboro-Daviess County Hospital
P.O. Box 2799
Owensboro, KY 42302
Opinion
Opinion By: Frederic J. Cowan, Attorney General; D. Brent Irvin, Assistant Attorney General
By letter of June 22, 1990, Mr. Bryan K. Smeathers has appealed to our office the Owensboro-Daviess County Hospital's denial of a request to provide certain information concerning, among other things, country club memberships of staff paid by the hospital and the amount of money spent at the Owensboro Executive Inn in 1989 and the first half of 1990.
FINDINGS IN BRIEF
The hospital acted consistent with the open records act where it promptly responded in writing to requests for information, by indicating that it would make records available, if the request was for documents, rather than information.
FACTUAL BACKGROUND
By letter of June 15, 1990, addressed to the Business Manager of the Owensboro-Daviess County Hospital Inc., Mr. Bryan Smeathers requested certain information pursuant to the U.S. Freedom of Information Act and the Kentucky Open Records Act. Specifically, Mr. Smeathers requested:
a. A list of all Owensboro-Daviess County Country Club memberships paid by the hospital for staff and administrative members of the hospital including members of the Board of Managers. Include with this list the dollar amounts paid for such memberships if existing.
b. How much money was spent for a ODCH Hospital Christmas Party in December 1989 at the Executive Inn Rivermont?
c. How much money was spent at the Owensboro Executive Inn Rivermont in 1989 and the first half of 1990? What was this expense for?
d. How many of the ODCH vendors are from the hospital's service area?
e. How many of the ODCH vendors are HCA vendors?
f. How much money has ODCH spent at the Campbell House dinner club in Owensboro during the past six months and what was this expense for and by who were the charges made?
g. What is the current status of the ODCH case reserve fund? How is this in comparison to the cash reserves this time last year?
h. What banks do ODCH have accounts with?
You responded to Mr. Smeathers' request by letter of June 18, 1990, a copy of which was forwarded to this office. You indicated in substance that the Kentucky Open Records Act permits access to public records not exempted from inspection by law but its purpose is not to provide information or to require public agencies to carry out research or compile imformation to conform to a request. In support of your position you cited our prior opinions: OAG 89-45, OAG 89-61 and OAG 89-77. You stated you were unable to respond to the requests listed as items a through h inasmuch as he did not specify documents he wished to inspect, but that upon receipt of a list of documents, you would review the request and respond pursuant to the Act.
With respect to item a, you stated no such list existed and that under the act you are not required to create a record which does not already exist. In support you cited OAG 81-333 and OAG 82-234.
OPINION OF THE ATTORNEY GENERAL
KRS 61.880(2) provides in relevant part for the Attorney General to review, upon request, a denial of a request to inspect public records, and issue a written opinion stating whether an agency " . . . acted consistent with the provisions of KRS 61.870 to 61.884."
As explained below, we believe your agency's reliance on the opinions cited was proper and your agency acted consistent with the provisions of the Open Records Act.
To the extent Mr. Smeathers asked that you answer questions, such as: How much money was spent for certain items? How many ODCH vendors or HCA vendors are from the the hospital's service area? What is the current status of the ODCH case reserve fund? or What banks does ODCH have accounts with?, the request was one for information as distinguished from a request to inspect reasonably identified records . The provisions of the Kentucky Open Records Act address only inspection of records. They do not require public agencies or officials to provide or compile specific information to conform to the parameters of a given request. See OAG 79-547, a copy of which is attached, which states the purpose of the open records law is not to provide " information " but to provide access to public records not exempted from inspection by law. See also, OAG 89-77. We have also said that blanket requests for information on a particular subject without specifying certain documents need not be honored and one does not have a right under open records provisions to require a list of information be made. See OAG 76-375.
Mr. Smeathers, in his appeal regarding your response, indicated that his request was specific in nature, in light of the fact that citizens have no knowledge of an organization's filing systems and accounting systems. However, the request was specific in nature only to the information sought; it did not specify any records desired to be inspected or copied. Instead of asking how much money was spent for an ODCH hospital Christmas party in December 1989 at the Executive Inn Rivermont, Mr. Smeathers should have requested to inspect documents that might contain the desired information. To illustrate, he could have generally requested to inspect any documents that disclose how much money was spent for the party, or he could have more specifically asked to inspect the accounting summary of vendor accounts for the time periods in question.
With respect to Mr. Smeathers' request for a list of all Owensboro-Daviess County Country Club memberships paid by the hospital for staff and administrative members of the hospital including members of the Board of Managers, you stated that no such list exists. You stated that under the act you are not required to create a record which does not already exist, citing OAG 81-333 and OAG 82-234.
In his appeal, Mr. Smeathers stated that the hospital must have some type of file on Owensboro Country Club memberships, because at least one membership has been obtained for the Owensboro Country Club for use by the administrator of the facility.
In OAG 76-375, and the opinions you cited, we said a person does not have a right to require a list to be made from public records if the list described does not already exist. If the list exists and is not otherwise confidential by law, a person may inspect the list and obtain a copy of it. A person desiring that lists be made or that he have copies of broad categories of information must expend his own time in digging out the information unless it has already been compiled.
Your response was correct, but somewhat misleading, because it implied more than one membership at the Owensboro Country Club is paid for by the hospital. We are informed there is no list of memberships, because your agency pays for only one membership at that club.
For the reasons stated, it is the opinion of this office that your agency acted consistent with provisions of KRS 61.870 to 61.884 in its June 18, 1990 response to Mr. Smeathers. Mr. Smeathers has a right to institute proceedings within 30 days for injunctive or declaratory relief in the Daviess Circuit Court, appealing this decision pursuant to KRS 61.880(5).
As required by statute, a copy of this opinion is being sent to Mr. Smeathers.