Opinion
Opinion By: Andy Beshear,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
This matter having been presented to the Office of the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Luther Luckett Correctional Complex properly characterized William Aucott's February 29, 2016, request for "[h]ow much money was used from the Inmate Canteen fund to pay for the new M.R.T. class" as a request for information as opposed to a request for existing public records. In reaching this conclusion we rely on 08-ORD-181, and the older authorities cited therein, recognizing that "[p]ublic agencies are not required by the Open Records Act to gather and supply information independent of that which is set forth in public records." 08-ORD-181, p. 2, citing OAG 87-84. We affirm LLCC's denial of Mr. Aucott's request on this basis. Accord, 12-ORD-096.
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.