Skip to main content

Opinion

Opinion By: Daniel Cameron, Attorney General; James M. Herrick, Assistant Attorney General

Summary : City of Ravenna ("City") did not violate the Open Records Act ("the Act") by failing to provide records that it did not possess.

Open Records Decision

On July 16, 2020, William Van Cleve ("Appellant") requested copies of "all records of expenditures from [the City's] Municipal Road Aid and Local Government Economic Assistance Funds" from July 1, 2016, through July 15, 2020. The City has provided all responsive records within its possession. This appeal is therefore moot as to the records the City has provided. 40 KAR 1:030 § 6.

The City was unable to provide two invoices from Miller Maintenance Company because they are not within its possession. But the City has no duty or obligation to provide records it does not possess, and Appellant has made no prima facie showing that the requested records exist in the agency's possession.

Bowling v. Lexington-Fayette Urban Cty. Gov't , 172 S.W.3d 333, 341 (Ky. 2005). Therefore, this Office is unable to find that the City violated the Act. 1

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 proceeding.

Footnotes

Footnotes

1 Although it has no obligation to do so under the Act, the City is attempting to obtain copies of those invoices to provide to Appellant.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
William Van Cleve
Agency:
City of Ravenna
Type:
Open Records Decision
Lexis Citation:
2020 KY. AG LEXIS 460
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.