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 Owen County Judge-Executive violated the Open Records Act in the disposition of Gerald T. Kemper's August 13, 2002 request "to be provided . . . information and documents" relating to the Owen County Fiscal Court's purchase of the former Owenton Post Office and the former Kraft Foods Plant. Mr. Kemper acknowledges that Owen County Judge-Executive William P. O'Banion promptly responded to his request, furnishing him with responsive records, but objects to Judge O'Banion's failure to provide him with information consisting of "the date an appraisal of the old Owenton, Kentucky, post office was received into Owen County government records." For the reasons that follow, we find that Mr. Kemper's objection has no merit and affirm Judge O'Banion's disposition of his request.
In an early opinion, the Attorney General recognized that "[t]he purpose of the Open Records Law is not to provide information, but to provide access to public records which are not exempt of law." OAG 79-547, p. 2. On this basis, we have consistently held that public agencies are not statutorily obligated to honor requests for information as opposed to requests for public records. For example, in 93-ORD-51 this office held that the Open Records Act:
was not intended to provide a requester with particular "information," or to require public agencies to compile information to conform to the parameters of a given request. See, e.g., OAG 76-375; OAG 79-547; OAG 81-335, OAG 86-51; OAG 87-84; OAG 89-77; OAG 89-81; OAG 90-19. Rather, the Law provides for inspection of reasonably identified records.
93-ORD-51, p. 3. Mirroring this view, in OAG 87-84 we observed:
Public agencies are not required by the Open Records Act to gather and supply information independent of that which is set forth in public records. The public has a right to inspect public documents and to obtain whatever information is contained in them but the primary impact of the Open Records Act is to make records available for inspection and copying and not to require the gathering and supplying of information.
OAG 87-84, p. 3. These decisions were premised on the language of the statutes themselves, including KRS 61.871 (providing that "free and open examination of public records is in the public interest"), KRS 61.872(1) (providing that "[a]ll public records shall be open for inspection by any person"), and KRS 61.872(2) (providing that "[a]ny person shall have the right to inspection public records ") (emphasis added). Accord 01-ORD-247; 99-ORD-71. Accordingly, we find that the Owen County Judge-Executive did not violate the Open Records Act in the disposition of Mr. Kemper's August 13, 2002, open records request.
We note that Mr. Kemper has submitted additional records in relation to a separate open records appeal pending in this office, open records appeal log number 200200400, under the open record appeal log number assigned to this appeal, 200200386. We will consider these records in resolving the appropriate open records appeal.
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.
Gerald T. Kemper109 N. Thomas StreetOwenton, KY 40359
Hon. William P. O'BanionOwen County Judge-ExecutiveOwen County Fiscal Court100 N. Thomas StreetOwenton, KY 40359