Opinion
Opinion By: Jack ConwayAttorney General;Amye L. BensenhaverAssistant Attorney General
Open Records Decision
On behalf of Knott County Water and Sewer District, Calvin R. Tackett appeals the City of Vicco's failure to provide him with a "current list of delinquent water customer accounts and the length of time said accounts have been delinquent" in response to his August 22, 2014 open records request. Mr. Tackett acknowledges the city's "essential[] compli[ance]" with his nine part open records request but seeks review of this partial denial.
Following receipt of notification of Mr. Tackett's appeal, the City transmitted voluminous responsive records to this office which we forwarded to Mr. Tackett. 1 We did not receive a letter from the city certifying full compliance with his request or identifying records withheld from him and the statutory basis for the withholding. At our request, Mr. Tackett reviewed the records and confirmed the omission of records responsive to part eight of his request in which he sought a "current list of delinquent water customer accounts and the length of time said accounts have been delinquent. " The city, having failed to advance any argument in support of this partial denial, failed to meet its burden of proof in sustaining its actions. KRS 61.880(2)(c).
KRS 61.880(1) states that "[a]n agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the records withheld. " The burden of proof in sustaining the denial or partial denial of an open records request is statutorily assigned to the agency. KRS 61.880(2)(c). The City of Vicco produced voluminous records in response to Mr. Tackett's request but did not make full disclosure. The city did not provide him with a "current list of delinquent water customer accounts and the length of time said accounts have been delinquent. " Nor did it identify the exception authorizing nondisclosure of the list or explain the application of the exception to the list. The city therefore failed to meet its burden of proof in sustaining the partial denial of Mr. Tackett's request and violated the Open Records Act in withholding the record. The City of Vicco should take immediate steps to afford Mr. Tackett access to the list of delinquent water customer accounts.
Either party may appeal this decision 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.
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