Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Shelby County Detention Center violated the Open Records Act in its disposition of Jeffrey Guelda's open records request. For the reasons that follow, we conclude that, with the exception of a procedural deficiency, the Detention Center's actions did not violate the Act.
On September 17, 2004, Mr. Guelda requested the following from the Detention Center:
Would you please forward to me all (1) Shelby Co. Jail policy & procedures (2) Ky. Revised Statutes (K.R.S.) and (3) Ky. Administrative Regulations that define & state procedures utilized for recovery of booking fees, housing costs, etc., i.e., costs & fees withheld from inmate account/monies.
In his letter of appeal, received by this office of September 28, 2004, Mr. Guelda indicated that he yet to receive a response to his request.
On September 30, 2004, Bobby Waits, Jailer, Shelby County Detention Center, provided this office with a copy of his September 30, 2004, letter to Mr. Guelda, which stated:
Here is a copy of our Policy for Booking and Housing Fee at the Shelby County Detention Center. As for K.R.S. & K.A.R. these are not Jail Records. If you need further, let me know. Also a copy of this will be sent to Attorney General's Office.
We are asked to determine whether the actions of the Detention Center violated the Open Records Act. With the exception of a procedural deficiency, the Detention Center's response did not violate the Act.
We address first the procedural deficiency. In his letter of appeal, received by this office on September 28, 2008, Mr. Guelda complained that the Detention Center had not responded to his September 17, 2004 open records request. KRS 61.880(1) requires a public agency to respond to an open records request within three business days after receipt of the request. Failure to respond within this time period constituted a procedural violation of the Open Records Act.
Addressing the substantive issue, the Detention Center provided Mr. Guelda with a copy of the requested Policy for Booking and Housing Fee at the Shelby County Detention Center. 40 KAR 1:030, Section 6, provides:
Moot Complaints. If the requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter.
Accordingly, since the agency has provided the requested record relating to the agency's Policy for Booking and Housing Fee, the issue as to these records is moot and no decision as to them will be rendered.
We next address the request for Kentucky Revised Statutes and Kentucky Administrative Regulations that "define & state procedures utilized for recovery of booking fees, housing costs, etc., i.e., costs & fees withheld from inmate account/monies."
KRS 61.870(2) defines public records as:
all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. "Public record" shall not include any records owned or maintained by or for a body referred to in subsection (1)(h) of this section that are not related to functions, activities, programs, or operations funded by state or local authority.
In 99-ORD-35 and 99-ORD-181, the Attorney General construed this provision to exclude reference materials, including statutes, administrative regulations, and case law. Acknowledging that such materials may technically qualify as "public records" because they may be "in the possession of or retained by a public agency, " we nevertheless concluded that their disclosure "would not enable the public to monitor public agency operations or serve any purpose which underlies the Open Records Act, " and therefore could not be characterized "public records" within the scope and meaning of the Act. 99-ORD-35, p. 4. We contrasted these library reference materials with public records that fall within the broad parameters of KRS 61.870(2), and that "reflect the daily functioning, programs, and operations of [a correctional facility or the Department of Corrections]."
Moreover, even assuming for the sake of argument that reference materials are public records within the meaning of KRS 61.870(2), we find that the Detention Center is not obligated to conduct research by locating relevant statutes and regulations pertaining to the subject of Mr. Guelda's request in order to satisfy that request. In OAG 89-45, this office recognized that the Open Records Act does not require public agencies to carry out research or compile information to conform to a given request.
Thus, we find no error in the Detention Center's response as to the request for the requested Kentucky Revised Statutes and Kentucky Administrative Regulations and affirm the facility's denial of this portion of Mr. Guelda's request.
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.
Jeffrey A. Guelda, # 136c/o Shelby County Detention Center1000 Detention RoadShelbyville, KY 40065
Robert Waits, JailerShelby County Detention Center1000 Detention RoadShelbyville, KY 40065
Charles R. HickmanShelby County AttorneyShelby County Courthouse501 Main StreetShelbyville, KY 40015