Request By:
Samuel Edwards, # 172561
CCA/LAC
P. O. Box 900
Beattyville, KY 41311Mark Harris
Police Chief
Columbia Police Department
Municipal Building
Columbia, KY 42728Marshall F. Loy
City Attorney
116 Public Square
Columbia, KY 42728-1491
Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the City of Columbia Police Department (CPD) relative to Samuel Edwards' request for a copy of "any and all information pertaining to an automobile accident that occurred on March 16, 2003, in front of the Circle R Restaurant in Adair County," violated the Open Records Act. For the reasons that follow, we conclude that the CPD's actions were proper and did not violate the Act.
In his letter of appeal, Mr. Edwards asserted that he had received no response from the CPD to his request.
After receipt of notification of the appeal, June 19, 2006, Marshall F. Loy, City Attorney and Mark Harris, Columbia Police Chief, provided this office and Mr. Edwards with a response to the issues raised in the appeal. They advised that all of the records contained in the CPD's file pertaining to the automobile accident were being sent to Mr. Edwards and were attached to the CPD's response. They further advised:
. . . There are no photos left or any other documents, if any, because all photos or any documents, if any, were turned over to the Commonwealth Attorney's Office apparently to be used in the proceeding resulting from the accident. The Columbia City Police Department does not have any photos nor do they have any other records left, other than what is attached.
40 KAR 1:030, Section 6, provides: "If the requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter." Since Mr. Edwards was provided with a copy of the all of the records in the CPD's files, the appeal as to those records is moot and no decision will be rendered as to that issue.
The CPD also advised Mr. Edwards that it did not have copies of the photos. Obviously, a public agency cannot afford a requester access to a record that it does not have or that does not exist. 99-ORD-98. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. The CPD further explained to Mr. Edwards that all photos or any other documents, if any, were turned over to the Commonwealth Attorney's Office apparently to be used in the proceeding resulting from the accident. The CPD discharged its duty under the Open Records Act by affirmatively so advising and explaining why it did not have a copy of these photos or other documents. 99-ORD-150. Accordingly, we find no violation of the Open Records Act in this regard.
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.