Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the Bullitt County Sheriff's Department relative to the open records request of Debra K. Baldwin violated the Open Records Act.
By letter dated June 6, 2002, Ms. Baldwin requested to inspect:
All police reports made by all Bullitt Co. Sheriff's, deputys, and detectives involved in the arrest of Thomas Baldwin and seizure of property from 567 Hilltop Rd. of Feb. 11, 1999. Officers Gary Wilson and Mike Minton were present that day.
In her letter of appeal to this office, dated June 6, 2002, Ms. Baldwin explained:
I am appealing Bullitt County Sheriff's Department denial of my request for open records. Saying they no longer had these reports. That the Attorney General's office had them.
The Bullitt County Sheriff's office should have at the very least, copies of all the reports their officers made during this arrest and seizure of property. Enclosed you will find my request for open records along with the response from the Bullitt County Sheriff's Department. If your office does in fact have the only copy of these reports could you please advise me to who I may speak to about receiving a copy. I look forward to your reply.
After receipt of Notification of the appeal and a copy of Ms. Baldwin's letter of appeal, Paul Parsley, Bullitt County, Sheriff, advised this office that the Department did not have the records Ms. Baldwin was requesting. He explained that the Maysville Police Department handled the case and the Bullitt County Sheriff's Department was there only to assist and did not make any reports.
By subsequent letter to Ms. Baldwin, Sheriff Parsley advised her that the Bullitt County Sheriff's Department had made no reports, as it was only there to assist the Maysville Police Department in the case. He advised her that request for any reports made by the Maysville Police Department should be directed to that Department at (606) 564-9411 or in writing at 219 Stanley Reed Court, Maysville, Kentucky 40156.
We are asked to determine whether the actions of the Bullitt County Sheriff's Department violated the Open Records Act. For the reasons that follow, we conclude the actions did not violate the Act.
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 Department's action in affirmatively advising Ms. Baldwin that it did not have the requested reports and why was consistent with the Open Records Act and prior decisions of this office and did not constitute a violation of the Act.
Moreover, KRS 61.872(4) provides:
If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.
The Department's action in further advising her that the Maysville Police Department would be the proper agency to request the reports and providing the address and phone number of that agency was in accord with the requirements of KRS 61.872(4).
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.
Debra K. Baldwin1158 Hilltop RoadShepherdsville, KY 40165
Paul D. ParsleyBullitt County SheriffP.O. Box 205Shepherdsville, KY 40165
Walter A. SholarBullitt County AttorneyP.O. Box 6539Shepherdsville, KY 40165