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 response of the Barren County Correctional Center to the open records request of Timothy Francher (Fancher) for copies of his medical records from January 17, 1993 through January 15, 1994, violated the Open Records Act.
By letter, the Center advised Mr. Francher that it did not have the requested records. This office has consistently recognized that a public agency cannot afford a requester access to records that it does not have or which do not exist. 93-ORD-134. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. Thus, the Center's action, in affirmatively advising Mr. Francher that it no longer had the requested 1993 -1994 medical records was consistent with the Open Records Act and prior decisions of this office and did not constitute a violation of 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.