Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Cabinet for Health and Family Services violated the Kentucky Open Records Act in denying the request submitted by Steven J. Farmer for copies of all correspondence between "Commissioner Mike Robinson CHFS-DCBS, Frankfort and Commissioner Viola P. Miller Tennessee DCS, Nashville," mentioning or regarding Steven J. Farmer or N. F. Upon receiving notification of Mr. Farmer's appeal from this office, Jon R. Klein, Assistant Counsel, responded on behalf of the Cabinet. As explained by Mr. Klein:
After discussing the request with office support personnel in the [Department for Community Based Services] Commissioner's Office, a search of the office's constituent correspondence database, and a phone call to former DCBS Commissioner Mike Robinson, the Cabinet has determined that the requested correspondence does not exist.
It logically follows that the Cabinet cannot comply with Mr. Farmer's request. See 02-ORD-144, p. 3.
In our view, the analysis contained in 05-ORD-109, a decision issued by this office in a prior appeal filed by Mr. Farmer against the Cabinet, a copy of which is attached hereto and incorporated by reference, is equally applicable on the facts presented. 1 Because the Cabinet again made "a good faith effort to conduct a search using methods which [could] reasonably be expected to produce the records requested," and has now complied with the statutory mandate to notify Mr. Farmer in writing that no responsive records exist, the Cabinet has discharged its statutory duty, though the search yielded no results. Resolution of this appeal turns not on whether the fruits of the Cabinet's search met Mr. Farmer's expectations, but whether the Cabinet made a good faith effort to locate any responsive records; nothing more is required.
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.
Steven J. FarmerP. O. Box 0603Dyersburg, TN 38025-0603
Carrie HallRecords Management SectionDivision of Protection and PermanencyCabinet for Health and Family Services275 East Main Street, 3E-GFrankfort, KY 40621-0001
Jon R. KleinAssistant CounselOffice of Legal ServicesCabinet for Health and Family Services275 East Main Street, 5W-BFrankfort, KY 40621
Footnotes
Footnotes
1 Although Mr. Farmer alleges that the Cabinet failed to respond in violation of KRS 61.880(1), Mr. Farmer's request is dated July 3, 2005 (a Sunday), and he initiated this appeal by letter dated July 7, 2005. Given that both state and federal government offices were closed for the Fourth of July holiday on Monday, July 4, 2005, Mr. Farmer acted prematurely since the Cabinet had three business days after the receipt of his request to respond. Accordingly, this office makes no determination as to the alleged procedural violation, but reminds the Cabinet to respond in writing to Open Records requests within three business days as mandated by KRS 61.880(1).
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