Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter is before the Attorney General on appeal from the Jefferson County Corrections Department's actions relative to Maurice Hughley Edward's open records request for copies of the pages from the Hall of Justice mail form logbook regarding mail which was not forwarded to him and had been returned to the sender, from March 16, 1999 to March 19, 1999.
Lisa R. Padula, Legal Coordinator, responded to Mr. Edward's request, on behalf of the Department. She advised Mr. Edward that he had not received any mail that could not be given to him. In addition, Ms. Padula provided Mr. Edward with a copy of the applicable pages from the Hall of Justice mail form logbook which provided the names of the inmates or former inmates who had received mail that had to be returned to sender during the requested time frame and the reason for such action. She explained that he would not find his name on the records as none of his mail had been returned to sender.
This office has long recognized that a public agency cannot furnish access to records which do not exist. See, for example, OAG 83-111; OAG 87-54; OAG 91-112; OAG 91-203; 97-ORD-17. The Department complied with the Open Records Act by advising Mr. Edward that it had no record indicating his mail had been returned to sender during the requested time frame. Accordingly, we find the Department's response was proper and consistent with the Act.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.