Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter is before the Attorney General on appeal from the actions of the City of Louisville relative to the open records request of Kerry Porter for a copy of the "crime scene entry log of December 27, 1996 for the crime scene at 620 Shipp Street in the case of the murder of Tyrone Camp."
By letter dated April 18, 2000, Stephanie Harris, Assistant Director of Law, City of Louisville, responding to Mr. Porter's letter of appeal on behalf of the Division of Police, advised this office and Mr. Porter that the requested records do not exist.
This office has consistently recognized that a public agency cannot afford a requester access to records that it does not have or which do not exist. 93-ORD-134. The City of Louisville has advised that the requested records do not exist. Obviously, a public agency cannot afford a requester access to records that it does not have or which do not exist. 99-ORD-98. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. Accordingly, we find that the actions of the agency were in accord with the requirements of the Open Records 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 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.