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-Division of Child Support violated the Kentucky Open Records Act in the disposition of Milton Vanderford's request to inspect "any and all" public records that have a reference or "pertain to ID # 0002747569 or SSN # 405-06-6644 child support, medical, support [sic] spousal support, and how open [sic] the case and all documentation, etc." Upon receiving notification of Mr. Vanderford's appeal from this office, Jon R. Klein, Assistant Counsel, responded on behalf of the CHFS. As explained by Mr. Klein:
Despite the Cabinet's obvious difficulty in understanding what exactly is being requested, the Cabinet was able to determine that Mr. Vanderford would like case-specific records from a child-support case originating in Fayette County.
Since the Cabinet does not retain case-specific records in the Frankfort central office, the request was forwarded on November 8, 2006 by Michael Phillips in the Cabinet's Division of Child Support to Charles R. Williamson in the Fayette County Attorney's Office, 163 W. Short Street, Lexington, Kentucky 40507.
Unfortunately, Mr. Phillips neglected to inform Mr. Vanderford that he forwarded the request to Mr. Williamson as required by KRS 61.872(4). However, Mr. Williamson is the official custodian of the records requested. The Fayette County Attorney's office may be reached at (859) 254-4941.
As the CHFS has acknowledged failing to comply with KRS 61.872(4), 1 this office will not belabor the point, particularly since the CHFS has mitigated this procedural violation by providing the requisite information in response to Mr. Vanderford's appeal.
In our view, 96-ORD-98, a copy of which is attached hereto and incorporated by reference, is controlling on the sole issue presented. Although a public agency cannot produce for inspection or copying records which do not exist or those which it does not possess, as consistently recognized by the Attorney General, a public agency must furnish the requester with the name and location of the official custodian of any existing records which are responsive to his request in accordance with KRS 61.872(4). See 06-ORD-130; 05-ORD-264; 05-ORD-108; 95-ORD-81. Because the CHFS has notified Mr. Vanderford that any records encompassed by his request would be in the custody of the Fayette County Attorney, and provided him with contact information for the official custodian of such 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 shall be notified of any action filed in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Milton Vanderford, # 163832Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Carlton ShierCabinet for Health and Family ServicesOffice of Legal Services275 E. Main Street, 5WBFrankfort, KY 40621
Hans HerklotzDeputy General CounselCabinet for Health and Family ServicesOffice of Legal Services275 E. Main Street, 5WBFrankfort, KY 40621
Jon R. KleinAssistant CounselCabinet for Health and Family ServicesOffice of Legal Services275 E. Main Street, 5WBFrankfort, KY 40621
Footnotes
Footnotes
1 KRS 61.872(4) provides:
If the person to whom the application is directed does not have custody or control of the public record requested, that person shall notify the applicant and shall furnish the name and location of the official custodian of the agency's public records.