Opinion
Opinion By: Albert B. Chandler III, Attorney General; Gerard R. Gerhard, Assistant Attorney General
Open Records Decision
The key question raised by the appellant is whether the Covington Police Department could properly require, as a condition precedent to mailing records in response to an Open Records Request, that the requester furnish, "a letter from your employer that can be verified. "
By letter dated June 2, 2003, Chris Henson asked that copies of certain offense reports [apparently in the custody of the Covington Police Department] be mailed to him at his home address. His request letter stated that he worked outside of Kenton County and that he agreed to pay ten cents a page plus the actual cost of postage.
Capt. Danny Miles of the Covington Police Department responded to Mr. Henson by letter of June 4, 2003. Capt. Miles indicated, in part, that the records [requested by Mr. Henson] consisted of four pages, with the cost for copying being 10 cents per page, and that the documents could be viewed at the Department during normal business hours. Captain Miles further stated:
Your letter indicates that you work outside Kenton County. However the evidence we have indicates otherwise. To have these documents mailed to your home address please supply a letter from your employer that can be verified.
KRS 61.872(3)(b) provides in part:
The public agency shall mail copies of the public records to a person whose residence or principal place of business is outside the county in which the public records are located after he precisely describes the public records which are readily available within the public agency. If the person requesting the public records requests that copies of the records be mailed, the official custodian shall mail the copies upon receipt of all fees and the cost of mailing.
The question here is substantially the same as one of the questions addressed in 01-ORD-162, involving these same parties. This office indicated in that opinion that Mr. Henson was correct in asserting that he had no duty to "produce the name of his employer." Requiring a "letter capable of verification" from his employer is substantially the same as requiring Henson to "produce the name of his employer." By demanding such letter as condition precedent to mailing records, the Covington Police Department subverted the intent of KRS 61.870 to 61.884 short of denial of inspection. 01-ORD-162, pp. 2-5. See also, 01-ORD-8, pp. 10-13.
Appellant's request to the custodian of records, dated 6/2/03, states: "I agree to pay 10 [cents] a page, plus the actual cost of postage. " This language indicates a commitment to pay copy fees and cost of mailing, but not that such monies have been tendered to, and thus received by, the custodian.
Upon receipt of the fees for copying, and the cost of mailing, the official custodian of the records sought by Mr. Henson's request should mail the records to Mr. Henson. KRS 61.872(3)(b).
A party aggrieved by this decision may appeal it by initiating an 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.Mr. Chris Henson1933 Augustine AvenueCovington, Kentucky 41014
Capt. Danny MilesAdministrative Support CommanderCovington Police Department1929 Madison AvenueCovington, Kentucky 41014
John Jay FossettCovington City Attorney638 Madison AvenueCovington, Kentucky 41011