Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the actions of the Jefferson County Corrections Department relative to the open records request of Joseph L. Silverburg, an inmate at the institution. In his open records request, addressed to Ms. Marilyn Perry, Jefferson County Corrections Department, Mr. Silverburg requested the following information:
1. Address to the Kentucky Nursing Association, so that I may file a formal complaint with the Nursing Association against you.
2. Your nursing license number, so that I, am identifying the correct nurse I, am complaining against.
3. Address to the Kentucky Medical Association.
4. Address and name of outside agency designated to "monitor" Jefferson Co. Corrections Dept. Health Care Services.
After receipt of the Notification to Agency of Receipt of Open Records Appeal, Ms. Lisa R. Padula, Legal Coordinator, Jefferson County Corrections Department, provided this office with a response to the issues raised in the appeal. In her response, Ms. Padula stated that as the Open Records/Litigation Coordinator for the Department, she had not received a request for information from Mr. Silverburg. Notwithstanding this fact, she addressed the issues raised in Mr. Silverburg's appeal, stating:
1. Mr. Silverburg asks for Addresses of Medical and Nursing Associations. Jefferson County Corrections does not maintain the records of any Medical or Nursing Associations, however, Mr. Silverburg has access to a telephone book and can research the location of such agencies.
2. Mr. Silverburg asks for the license of Ms. Marilyn Perry. Ms. Perry is an employee of Correctional Medical Systems and [Jefferson County Corrections] does not maintain such a record.
3. Mr. Silverburg asks for the address of an outside agency designated to monitor Jefferson County Corrections. Jefferson County Medical Society has a committee that oversees the Corrections Medical Program.
We are asked to determine whether the response of Jefferson County Corrections violated the Open Records Act. For the reasons that follow, we conclude that the agency's action was proper and consistent with the Act and prior decisions of this office.
This office has consistently recognized that a public agency cannot provide a requester access to a record or document which it does not have or which does not exist. 98-ORD-35; 96-ORD-190; 96-ORD-163. Jefferson County Corrections, in its response to the letter of appeal, explained that it neither had nor maintained any records of either the Kentucky Medical Association or the Kentucky Nursing Association. Accordingly, we conclude that the agency's response that it did not have records responsive to Mr. Silverburg's request was proper and consistent with the Open Records Act and prior decisions of this office.
Moreover, this office has repeatedly recognized that requests for information, as opposed to records, are outside the scope of the open records provisions. See, for example, OAG 89-77. Mr. Silverburg's request for addresses was a request for information, rather than a request for public records. Thus, we conclude that the agency's response to the request on this basis was also proper and in accord with the Open Records 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.