Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Mason County Sheriff did not violate KRS 61.870 to 61.884 in the disposition of Wayne McNabb's February 14, 2007, request for all records relating to three individuals identified in the first instance, by name, Social Security number, and date of birth, in the second instance by name and Social Security number, and in the third instance by name only. Mason County Sheriff Patrick Boggs denied Mr. McNabb's request in a timely written response, advising him that "[a] review of indexed records and files indicates that [his office has] no records for [the named individuals]." Sheriff Boggs advised:
There are a number of records, primarily citations, which are not indexed and would require considerable manpower to review to determine if responsive. Accordingly, I am estimating the reasonable cost of $ 100.00, and requiring that same be posted prior to reviewing all of the unindexed citations which are in the possession of my office.
While we find no support in the Open Records Act for the imposition of a prepaid records review charge, we conclude that the Sheriff discharged his statutory duty by conducting a search for responsive records in his office's indexed records system. We further conclude that 03-ORD-179, a copy of which is attached hereto and incorporated by reference, is dispositive of the remaining issues on appeal.
In 03-ORD-179, this office affirmed a police department's denial of a request for incident reports referencing eleven named individuals on the basis of KRS 61.872(3)(b) and the fact that the requested records were not "precisely described" or "readily available" within the agency as that statute expressly requires. Consistent with the principle that "KRS 61.872(3)(b) places a greater burden on persons who wish to receive copies by mail to describe 'in definite, specific and unequivocal terms', the desired records," 03-ORD-179, p. 6, citing 97-ORD-46 and 99-ORD-210, we find that the Mason County Sheriff was not obligated to conduct a search of his unindexed records in order to honor Mr. McNabb's request since that request was not definite, specific, and unequivocal. With the exception of his unauthorized request for a prepaid records review charge, we affirm the Sheriff's disposition of Mr. McNabb'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.
Mr. Wade McNabb # 186567GB/F LowerLittle Sandy Correctional ComplexRoute 5, Box 1000Sandy Hook, Kentucky 41171
Mr. Patrick BoggsMason County SheriffP. O. Box 502Maysville, Kentucky 41056
Hon. John F. EstillMason County Attorney24 West 3rd StreetMaysville, Kentucky 41056-1173