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 City of Franklin violated the Open Records Act in the disposition of Travis L. Suggs' request for a copy of radio transmissions of a stop of Roscoe Clark or a subsequent search of 528 Breckenridge Street, Franklin, Kentucky 42134 on August 6, 2001. For the reasons that follow, we find the City's response affirmatively advising him that the requested records did not exist was proper and did not constitute a violation of the Act.
By letter dated November 9, 2004, James Powell, Chief, City of Franklin Police Department, responded to Mr. Sugg's request, advising:
You will find a letter from Peggy Taylor, Custodian of Records of Simpson County Emergency Center, stating a search of tape archives reveal no radio transmission of a stop of Roscoe Clark or search of 528 Breckenridge Street. I have included three log entries and also a copy of the in-car video stop of Roscoe Clark which you did not request. This is all of the audio or video information that we have relating to the incident.
Obviously, a public agency cannot afford a requester access to a record that it does not have or that does not exist. 99-ORD-98. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. The City advised that it had searched its tape archives for the requested radio transmissions and none existed. The City discharged its duty under the Open Records Act by affirmatively so advising that the requested records did not exist. 99-ORD-150. Accordingly, we find no violation of the Open Records Act.
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.
Travis L. Suggs, # 161905Eastern Kentucky Correctional Complex200 Road to Justice, Dorm 2-AU-14West Liberty, KY 42134
Chief James PowellFranklin Police Department100 South Water StreetFranklin, KY 42134
Scott Crabtree City AttorneyP.O. Box 615Franklin, KY 42134