Opinion
Opinion By: Jack Conway, 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 McCreary County Board of Education did not violate the Open Records Act in denying Art Anderson's December 9, 2011, request for the "chain of custody of a handwritten letter from a concerned citizen addressed to Mr. Jeff Terry regarding [a named student] and other and allegations of abuse [sic], the original of which ended up being provided the student's mother [sic]" or his December 12, 2011, request for "the following information." 1 The Board denied Mr. Anderson's requests on December 14, 2011, explaining that no record exists that contains the requested information, and that the Board is "not required to compile this information . . . [or] prepare documents that do not exist in order to satisfy a request for information." We affirm the Board's denial of Mr. Anderson's request for the reasons stated.
In OAG 89-81 this office recognized that:
Open Records provisions were not intended to serve as a comprehensive audit tool, or as a means of commanding compilation and production of specific information. Open Records provisions are intended to provide for inspection of reasonably described records held by public agencies. See KRS 76-375. Open Records provisions do not provide for, and agency workers are not required to provide under them, instruction in understanding of the meaning or import of information shown upon records produced.
At pages one and two of 06-ORD-133 we focused on the difference between a request for records and a request for information, concluding that the latter request was improper. The Attorney General observed:
In an early open records decision, this office recognized that the "purpose of the Open Records Law is not to provide information, but to provide access to public records which are not exempt by law." OAG 79-547, p. 2; 04-ORD-144. See KRS 61.871 (providing that "free and open examination of public records is in the public interest"); KRS 61.872(1) (providing that "[a]ll public records shall be open for inspection by any person"); and KRS 61.872(2) (providing that "[a]ny person shall have the right to inspect public records "). (Emphasis added.) On this basis, the Attorney General has consistently held that "requests for information, as opposed to requests for specifically described public records, need not be honored." 00-ORD-76, p. 3, citing OAG 76-375; 04-ORD-080. In addressing this issue, the Attorney General has observed:
04-ORD-080, p. 13; citing OAG 87-84. See also, OAG 89-77; OAG 89-81; OAG 90-19.
Because "a public agency is not obligated to compile a list or create a record to satisfy an open records request," 2 and no public record existed that was responsive to the request at issue in 06-ORD-133, we affirmed the agency's denial of that request. Copies of OAG 89-81 and 06-ORD-133 are attached hereto and incorporated by reference.
Mr. Anderson's December 9 and 12 requests were improperly framed as requests for information rather than properly framed requests for public records. Consistent with the position set forth in the referenced authorities, we find that the McCreary County Board of Education did not violate the Open Records Act in denying those requests.
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.
Distributed to:
Art AndersonArthur D. WrightLarry G. Bryson
Footnotes
Footnotes
1 The "information" to which Mr. Anderson requested access consisted of three questions:
1. What did you do with the said letter?
2. To whom did you share the letter or its contents [sic]?
3. How did the original of the said letter end up in the possession of the student's mother?
2 OAG 76-375; OAG 79-547; OAG 81-33; OAG 86-51; OAG 90-101; 93-ORD-50; 05-ORD-230.