Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the City of Jeffersonville did not violate the Open Records Act in its October 21, 2010, response to Leonard Wilson's October 19, 2010, request for:
1. [T]he drug test that the two employees failed and the dates the test was given.
2. [T]he date that the chauffeur (Oscar George) was hired to chauffeur the two employees around to do their work duties and also Oscar George's pay.
3. A copy of my request.
The City issued a timely written response to Mr. Wilson's request, advising him that there were "no existing documents for any employees failing a drug test, " responding in narrative fashion to his request for information concerning Mr. George's date of hire and hourly rate, and providing him with two copies, presumably his "request," at a cost of ten cents per page. Not only did the City's response satisfy the requirements of the Open Records Act, the City went above and beyond its legal obligations in attempting to satisfy Mr. Wilson's request.
The City denies the existence of records responsive to request one, explaining that no employees failed the drug test. In the absence of a prima facie showing that responsive records do exist, meaning a showing that records exist reflecting the failure of two employees to pass the drug screen, we are obliged under
Bowling v. Lexington-Fayette Urban County Government, 172 S.W.3d 333 (Ky. 2005) and 07-ORD-234, implementing the Kentucky Supreme Court's analysis, to affirm the City's denial of this request. A copy of 07-ORD-234 is attached hereto and incorporated by reference. Similarly, we affirm the City's disposition of Mr. Wilson's request for information concerning Oscar George's pay rate and date of hire. The City waived the deficiency in Mr. Wilson's request for information by furnishing him with narrative responses to request two. If Mr. Wilson wishes to obtain supporting documentation, he may do so by requesting Mr. George's personnel records, including, but not limited to, payroll records. KRS 61.871; KRS 61.872(1); KRS 61.872(2). Finally, we affirm the City's imposition of a ten cents per page copying charge for copies of Mr. Wilson's request. KRS 61.874(3);
Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985). Having reviewed the record on appeal, and all pertinent authorities, we find no violation 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.
Leonard WilsonStacey C. HoneycuttLeah N. Hawkins