Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Louisville Metro Government ("LMG") violated the Kentucky Open Records Act in regard to David Fuller's January 19, 2019, request for "[c]opies of all paid invoices/purchase orders for uniforms in calendar years 2016, 2017 and 2018." For the reasons that follow, we find no violation of the Act.
Mr. Fuller argues on appeal that he "received no response to the request," but LMG cites a January 24, 2019, e-mail to Mr. Fuller in which Open Records Specialist Stephonn Bunton inquired: "The agency needs to know if you're looking for employee or inmate uniform information?" 1 LMG explains that inmate uniforms and employee uniforms are purchased from different vendors, so that a clarification is necessary to ensure that Mr. Fuller receives "the records he is actually seeking rather than . . . numerous unresponsive records." LMG further states that it will provide the records to Mr. Fuller when he resolves this question.
A request in good faith for clarification of an ambiguity, or for further information needed to locate the correct records, does not violate the Open Records Act. 13-ORD-104; 06-ORD-253. It appears from the limited record that LMG acted in good faith to resolve a latent ambiguity in the request, and not in any effort to obstruct access to public records. Therefore, we find no violation of the 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.
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