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 Commonwealth's Attorney for 16th Judicial Circuit violated the Open Records Act in the disposition of Gregory Saylor's request for copies of "the Bill of Particulars and the investigative report of Ron Luebbe, M.D., Deputy Coroner, Kenton County, Ky., of Roy Faulconer at 2902 Decoursey # 2, at 1800 hours on 08-26-99."
In its original response, the Office of the Commonwealth's Attorney advised Mr. Saylor that the office was not in the possession of the investigative report. In a supplemental response submitted to this office after receipt of notification of the appeal, James D. Godsey, Assistant Commonwealth's Attorney, advised this office that the file in the Commonwealth's Attorney's office did not contain either the Bill of Particulars or the investigative report requested by Mr. Saylor.
This office has consistently recognized that a public agency cannot provide a requester access to a record or document which it does not have. 98-ORD-35; 96-ORD-190; 96-ORD-163. In its responses, the Office of the Commonwealth's Attorney advised Mr. Saylor that it did not have copies of the requested records. Accordingly, we conclude that the responses so advising Mr. Saylor were proper and did not constitute a violation of the Open Records Act. 96-ORD-130.
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.
Gregory Saylor, # 148772Little Sandy Correctional ComplexRoute 5, Box 1000Sandy Hook, KY 41171
William CrockettCommonwealth's Attorney605 County Building303 Court StreetCovington, KY 41011