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 Bath County Schools violated the Open Records Act in its disposition of the open records request of Pam DeAngelis. For the reasons that follow, we conclude that the agency substantially complied with the Act.
On August 13, 2002, Ms. DeAngelis submitted a request for copies of 17 listed items from the Bath County Schools. At issue in this appeal is only that portion of the request, item 16, that asked:
(16) Are the evaluations current for all staff (certified and non-certified) staff [sic] at the DCMS for the previous school year (2001-2001)? I would like a copy of the dates and the names for those evaluations.
After many exchanges of communication and correspondence between the parties, Ms. DeAngelis initiated the instant appeal. In her letter of appeal, she indicated that she had received some of the information relating to the evaluations, but that she was still waiting for her requests to be "fully honored."
After receipt of Notification of the appeal and a copy of Ms. DeAngelis's letter of appeal, Gail Easton, Secretary to the Superintendent of Bath County Schools, provided this office with a response to the issues raised in the appeal. In her letter, Ms. Easton indicated that Superintendent Woodie Cheek had directed the office staff to "drop whatever they were doing when an open records request came in and comply with the request." Ms. Easton further indicated that Ms. DeAngelis had picked up the information from the financial officer that morning.
In a subsequent letter to this office, Ms. DeAngelis advised that she had asked for the evaluation dates of the classified, certified (tenured and non-tenured) staff at the Bath County Middle School on numerous occasions and had been given "bits and pieces" of the information, but still did not have the dates of all staff evaluations for the previous calendar school (2001-2002).
We are asked to determine whether the actions of the Bath County Schools relative to Ms. DeAngelis's request violated the Open Records Act. For the reasons that follow, we conclude the actions of the agency were in substantial compliance with the Act.
We begin by noting that Ms. DeAngelis's request was not framed as a request for reasonably described public records but was instead framed as a request for information. The Attorney General has long recognized that a public agency is not obligated to honor a request for information as opposed to a request for specifically described records. "The purpose of the Open Records Law is not to provide information but to provide access to public records which are not exempt by law." OAG 79-547, p. 2. Although information may be gleaned from these records, it is the public agency's duty to make public records available for inspection and copying. Public agencies are not required to gather and supply information independent of that which is set forth in public records. As we noted at page 5 of OAG 89-81:
Open Records provisions were not intended to serve as a comprehensive audit tool, or as a means of commanding compilation of and production of specific information. Open Records provisions are intended to provide for inspection of reasonably described records held by public agencies. See OAG 76-375. Open Records provisions do not provide for, and agency workers are not required to provide under them, instruction in understanding of the meaning or import of information shown upon records produced.
Obviously information will be obtained from an inspection of the records and documents, but the duty imposed upon public agencies under the Act is to make public documents available for inspection and copying. Public agencies are not required by the Open Records Act to gather and supply information independent of that 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.
Accordingly, we conclude that the Bath County Schools' response to Ms. DeAngelis's request for information, as opposed to a request for specifically described records, did not violate the Open Records Act. Neither this agency, nor any other public agency governed by the provisions of the Open Records Act, is required to compile information to conform to the parameters of a given request. See e.g., 97-ORD-186; 96-ORD-150; 95-ORD-131.
We hasten to note, however, that Bath County Schools did not deny the request, but, after numerous communications and possible misunderstandings between the parties, did provide Ms. DeAngelis with a list of staff that received evaluations and the dates of those evaluations. Ms. DeAngelis asserts that the list is incomplete and she does not have all the information that she requested. There is, of course, no impediment to Ms. DeAngelis resubmitting her request as a properly framed request for records containing the information she seeks. For example, she could ask for redacted copies of the evaluations with all information redacted, except the name and date of the evaluation. If requested evaluation records do not exist, the agency should affirmatively advise Ms. DeAngelis of that fact. 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.
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.
Pam DeAngelisP.O. Box 613Owingsville, KY 40360
Ronald "Woodie" CheekSuperintendentBath County Schools405 West Main StreetOwingsville, KY 40360
Will Fogel126 W. Main StreetMt. Sterling, KY 40353