24-ORD-272
December 23, 2024
In re: Alex Rib/City of Anchorage
Summary: The City of Anchorage (“the City”) violated the Open
Records Act (“the Act”) when it made redactions to a public record
without citing an applicable exception to the Act and explaining how it
applied to the record in question. The City also violated the Act when it
failed to display the email address and phone number of its records
custodian on its website as required by KRS 61.876(2)(b); however, the
City subsequently corrected this violation.
Open Records Decision
On October 4, 2024, Alex Rib (“the Appellant”) requested an electronic copy of
the City’s “current vehicle fleet inventory.” In response, the City refused to provide
the record in electronic format. This appeal followed.
In response to this appeal, the City submitted an electronic copy of the
requested record. However, without explanation, the City redacted the fields showing
the vehicle plate numbers and the officers to whom they were assigned. A public
agency that denies inspection of a public record, in whole or in part, must “include a
statement of the specific exception authorizing the withholding of the record and a
brief explanation of how the exception applies to the record withheld.” KRS 61.880(1).
Here, the City has cited no exception to the Act and given no explanation for why it
redacted portions of the vehicle inventory. Thus, the City violated the Act when it
redacted the requested record.
The Appellant raises an additional issue on appeal. He claims the Department
has violated KRS 61.876(2), which requires “[e]ach public agency” to display certain
information “in a prominent location accessible to the public, including on its Web
site.” That information includes “[t]he mailing address, e-mail address, and phone
number of the official custodian of the records or his or her designee to which all
requests for public records shall be made.” KRS 61.876(2)(b) (emphasis added). In
support of this claim, the Appellant provides printouts from the City’s website datedOctober 7, 2024. On the page titled “Taxes & Public Information,” the City provided
certain links “to request information and public documents of the City of Anchorage.”1
The first link navigated to a page titled “Notice of Administrative Regulations
Governing Inspection of the Public Records of the City of Anchorage/Anchorage City
Hall,” dated June 29, 2021. This notice contained the street address of the official
custodian of records, but no email address or telephone number. The other links
navigated to two open records request forms, neither of which contained the email
address or telephone number of the records custodian.2 The Office notes the City has
subsequently corrected this defect, as the required information now appears
prominently on the “Taxes & Public Information” page. However, the City initially
violated the Act when its website failed to display the contact information required
by KRS 61.876(2)(b). See, e.g., 23-ORD-315.
A party aggrieved by this decision may appeal it by initiating an 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.
Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#401
Distributed to:
Mr. Alex Rib
John T. McGarvey, Esq.
Renee M. Major, Clerk
Hon. Neil Ramsey
1
See https://www.cityofanchorage.org/community/taxes___public_information.php (last accessed
December 23, 2024).
2
Upon receipt of this appeal, the Office confirmed that the Appellant’s documents accurately
presented the contents of the City’s website as of October 8, 2024.