Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the City of Milton erred by charging 25 cents per page for public records. We believe that 00-ORD-110, a copy of which is attached hereto and incorporated by reference, is controlling. Based on that decision, construing KRS 61.874(3) and adopting Friend v. Rees, Ky. App., 696 S.W.2d 325 (1985), it is our opinion that 10 cents per page is a reasonable charge for copies of public records, and that the city should recalculate its copying charges to conform with these authorities unless it can substantiate that its actual cost exceeds this amount. The city has indicated its willingness to do so, and is so directed.
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 proceedings.