Question of the day: If an agency suggests that I stop filing written open records requests, and make oral requests instead, should I agree?

Answer: No.

On a recent radio talk show, two gentlemen I have come to know discussed their open government battles with a state agency. They noted that the agency to which they had submitted their open records requests urged them to refrain from filing future written requests and simply ask for the records they seek.

Wisely, the gentlemen rejected the agency's "generous" offer. Suspicious of the agency's motivation, they stated that they would continue to submit written requests.

The open records law states that the "the official custodian may require a written application, signed by the applicant and with his name printed legibly on the application, describing the records to be inspected." In virtually all cases, the requester is well-advised to submit a written request and, obviously, to keep a copy for future use.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48750

On and after June 29, requesters may use a standardized open records request form that will be available on the Attorney General's website and on all public agencies' websites. Alternatively, requesters may prepare their own requests describing the records sought, their names printed legibly, their signatures, and statements that they are Kentucky residents as that term will be soon be defined in KRS 61.870(10)(a) through (g).

https://apps.legislature.ky.gov/recorddocuments/bill/21RS/hb312/bill.pdf

A written open records request — whether a "standardized" request or a request prepared by the requester — preserves the requester's rights and verifies the public agency's duties. Should a dispute arise, the written request provides proof of what the requester asked for and — if dated and emailed or hand delivered on the same day — when the agency's ten calendar day (soon to be five business day) response time began.

If the dispute with the agency cannot be resolved, requesters must have copies of their written requests in order to file open records appeals. The open records law requires requesters to provide the Attorney General with a copy of their requests. The Attorney General cannot review their appeals without a copy of the written request.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23065

https://casetext.com/regulation/kentucky-administrative-regulations/tit…

In an opinion issued not long after the open records law was enacted, the Attorney General observed, "Public agencies may put into their regulations the requirement for written application, but we believe it is contrary to the letter and spirit of the open records law for an agency to make it more difficult to inspect a public record that it was before the open records law was enacted." OAG 76-588.

Fulfillment of simple records requests for one or two records may not necessitate the submission of written requests, but in almost all cases it is wiser for requesters to submit their requests in writing — both to preserve *their* rights and verify the *public agencies'* duties — whatever the agency suggests.