Opinion
Opinion By: Daniel Cameron, Attorney General; Matthew Ray, Assistant Attorney General
Open Records Decision
Chad Heath ("Appellant") submitted two requests to the Cabinet for "[a]n up to date and valid copy of [two] elected public official[s] [p]ublic [o]fficial [b]ond." Each of the two requests named a specific judge and the Appellant indicated that the information he seeks may also be known as [s]urety, [b]lanket, [p]erformance and etc." In a timely written response, the Cabinet confirmed receipt of the Appellant's requests and advised that the "normal custodian of that information is not the" Cabinet. The Cabinet then stated it "believe[s] [the Appellant's] request should be sent to the Administrative Office of the Courts." The Cabinet then provided the name of the Administrative Office of the Courts' records custodian, an address, and a phone number. This appeal followed.
Under KRS 61.872(4) "[i]f 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." This Office has routinely found that a public agency complies with KRS 61.872(4) when it directly issues written notice to requester with the name and address of the correct agency's custodian of records. See, e.g. , 22-ORD-002; 21-ORD-132; 21-ORD-040.
Here, when the Appellant submitted his request to the Cabinet, it issued a written response that explained it does not have custody or control of the requested public records. Moreover, the Cabinet furnished the contact information of the records custodian of the public agency that the Cabinet believed maintains the records requested. Although the Cabinet correctly claimed that it was not the official custodian of the requested judicial bonds, it incorrectly believed that the Administrative Office of the Courts was the official records custodian of the records. As explained in 22-ORD-033, all bonds secured for judicial officers must be filed with the Secretary of State. KRS 62.200(2). Thus, the Secretary of State is the official custodian of the requested records. Because the Cabinet notified the Appellant pursuant to KRS 61.872(4) that it was not the official custodian of records, and attempted to provide contact information for the agency the Cabinet believed was the official custodian of the records, it did not violate the Act. 1
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 within 30 days from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings. The Attorney General will accept notice of the complaint emailed to OAGAppeals@ky.gov.
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