Opinion
Opinion By: Albert B. Chandler III,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Pike County Fiscal Court violated the Open Records Act in the disposition of Randy Skaggs' July 9, 2001, request for information and records documenting Pike County's compliance with Kentucky's animal control statutes, including KRS 258.192, for fiscal year 2000-2001. For the reasons that follow, we find that although Pike County went beyond its statutory duty in compiling information that was responsive to the request, and creating a new record containing that information, the county is nevertheless obligated to furnish Mr. Skaggs with existing documentation that supports the information it compiled upon receipt of a reasonable copying fee, not to exceed ten cents per page, 1 and postage charges.
On July 9, Mr. Skaggs requested that Pike County mail him copies of information and records identified as follows:
1. records or documentation indicating, referring to or pertaining to the "dog warden" :
(a) the name of the dog warden and the length of time of his or her employment
(b) the dog warden's weekly, monthly or yearly financial compensation
(c) hours per week worked and whether part-time or full-time
(d) dog warden's employment by the county in another department or another job capacity
(d) dog warden's office and home telephone number ( specifically telephone book listings)
(e) dog warden's training as an animal control officer (certificates, accreditation, etc.)
(f) specific types of, and lists of weekly, monthly and yearly records and reports kept and filed addressing stray or unwanted dogs, owner relinquished dogs and licensed dogs
(g) number of dog licenses sold per month and the total number sold for the entire year
(h) county owned or privately owned animal control vehicle for the dog warden's usage
2. records or documentation indicating, referring to or pertaining to the " dog pound ":
(a) printed and published location of dog pound including street address and telephone number listings (including newspapers and specifically telephone books)
(b) ownership of the dog pound by the county, privately owned business, individual or a non-profit organization (and the names, mailing address and telephone number thereof if not county owned; in addition, copies of all contractual agreements)
(c) management of the dog pound by the county, privately owned business, individual or a nonprofit organization (and the names, mailing address and telephone number thereof if not county managed; in addition, copies of all contractual agreements) and the itemization of its monthly or yearly operational costs
(d) printed and published hours of operation ( specifically local newspapers)
(e) method of euthanization utilized and amount spent per month or by the year (please remit copies of receipts or cancelled checks for verification)
(f) number of dogs euthanized per week, month or year; total number for the entire year
(g) disposal of dead animals
(h) specific types of, and lists of weekly, monthly and yearly reports and records kept and filed addressing stray or unwanted dogs, owner relinquished dogs and licensed dogs
(3) records or documentation indicating, referring to or pertaining to the county's application for " financial help ":
(a) letter of application to the Kentucky Department of Agriculture's Animal Control Advisory Board for a grant with which to construct, improve or facilitate their county's animal control program
(b) letters written to state government officials or legislative members of the General Assembly requesting financial assistance or help in addressing the issue of animal welfare, animal control or compliance with the Commonwealth's existing animal control statutes
On August 3, 2001, 2 Pike County responded to Mr. Skaggs' request by furnishing him with narrative answers in a record created for the purpose of satisfying his request. Pike County also furnished Mr. Skaggs with a single document consisting of the telephone listing for its animal shelter. This appeal followed.
The Kentucky Open Records Act imposes no obligation on a public agency to create a record that does not already exist in order to satisfy a records request. Instead, the Act contemplates records access by means of on-site inspection or receipt of copies through the mail. KRS 61.872(3) thus provides:
(3) A person may inspect the public records:
In construing the latter provision, this office has observed:
[A] requester who both lives and works in the same county where the public records are located may be required to inspect the records prior to receiving copies. A requester who lives or works in a county other than the county where the public records are located may demand that the agency provide him with copies of records, without inspecting those records, if he precisely describes the records and they are readily available within the agency.
97-ORD-46, p. 3. Pike County does not object that Mr. Skaggs' request was not framed with sufficient precision, and was apparently able to retrieve records containing the information sought. While Pike County went beyond its duties and obligations in creating a record containing the responsive information, and is to be commended for its attempt to accommodate Mr. Skaggs, we hold that the requirements of the statute are not fully discharged until existing documents substantiating that information are disclosed. The Open Records Act establishes the right of access to nonexempt public records. Acknowledging that Pike County's efforts in this matter were meritorious, we nevertheless conclude that the county must retrieve the records from which the information was extracted, calculate its actual costs at a rate of ten cents per page for copies, plus postage, notify Mr. Skaggs of the costs, and mail copies of those records to him upon receipt of this amount.
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.
Randy SkaggsP. O. Box 1Webbville, KY 41180
Karen F. GibsonPike County Judge/ExecutivePike County Courthouse146 Main StreetPikeville, KY 41501
Howard Keith HallPike County Attorney324 Main StreetP. O. Box 1289Pikeville, KY 41502
Randal GoodDeputy County Judge/Executive/Finance CommissionerPike County Courthouse146 Main StreetPikeville, KY 41501
Footnotes
Footnotes
1 In 01-ORD-136, this office affirmed the reasonableness of a ten cents per page copying charge. A copy of that decision is attached hereto and incorporated by reference.
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2 No explanation is offered for the delay in responding to Mr. Skaggs' open records request, and this delay constitutes a violation of KRS 61.880(1), requiring a written agency response within three business days of receipt of a request.
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