Request By:
Mr. Kenneth L. Sales
Segal, Isenberg, Sales, Stewart & Nutt
Third Floor
M. E. Taylor Building
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; Carl Miller, Assistant Attorney General
You have appealed to the Attorney General under KRS 61.880 the alleged denial of your request to inspect public records by Chief Edgar R. Helm of the Jefferson County Police Department. Your letter of request to Chief Helm was worded as follows:
"This letter shall constitute a formal request pursuant to the Kentucky Open Records Act for the following information:
(1) Official police reports of all sex crimes reported in the Fern Creek (Southeast Jefferson County) area from July 1, 1978 to the date of this letter.
(2) Official police reports of all burglary crimes reported in the Fern Creek area from July 1, 1978 to the date of this letter.
(3) Official police reports of all thefts, or other crimes where a .25 caliber weapon was stolen of the following brands: Colt, Astra, Raven, Unique, Basparan, and Echabe, Y Ariz., from July 1, 1978 to the present in Jefferson County, Kentucky.
(4) Official police reports of all shootings on June 25, 26, 27, and 28, 1979, including reports taken at area hospitals of victims with unknown assailants.
(5) Records of any arrests concerning any of the above mentioned material."
Your request, quoted above, was not a request to inspect public records but a request for information. Your letter of request was answered by Captain Sam Tucker, Legal Advisor, and his answer included the following:
"If we can assist you with specific documents or if you wish to peruse volumes of computer print-outs, you may personally appear at the Records Section, 600 West Jefferson Street and we will be glad to assist you."
We believe that Captain Tucker's response was appropriate under the Open Records Law. It is not necessary for an agency to make a list of items from its records if such a list does not already exist. OAG 76-375. 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. There is nothing wrong with making the request by mail, but the response of the agency need only be that the records will be made available for inspection at certain times and place. Captain Tucker gave you such a response.
We do not believe that you have been denied inspection of any public records. As required by statute we are sending a copy of this letter to the agency.