00-ORD-234
December 20, 2000
In re: R. Keith Cullinan/City of Louisville
Open Records Decision
The issue presented in this appeal is whether the City of Louisville violated the Open Records Act in its response to the request of R. Keith Cullinan to inspect and or copy:
The compilation required under LCO 37.76(c)(1) covering the period July 1, 1999 to date.
The City of Louisville, in its response to the letter of appeal, has advised this office and Mr. Cullinan that a copy of the requested record does 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 does not exist. 93-ORD-134. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. The City’s actions, in responding to the original request, was procedurally deficient in failing to affirmatively advise Mr. Cullinan that the records he requested did not exist. However, we find that the substantive action of the City did not violate 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.
Albert B. Chandler III
Attorney General
James M. Ringo
Assistant Attorney General
#731
R. Keith Cullinan
1406 Browns Lane
Louisville, KY 40207
Stephanie Harris
Assistant Director of Law
City of Louisville
Louisville, KY 40202-2771