24-ORD-278
December 23, 2024
In re: Kurt Wallace/Department of Public Advocacy
Summary: The Department of Public Advocacy (“the Department”) did
not violate the Open Records Act (“the Act”) when it denied a request
seeking information without describing any public records to be
inspected.
Open Records Decision
Kurt Wallace (“Appellant”) submitted a request to the Department seeking
“the current record of [Employer identification Number] for” the Department and a
Department employee.1 In response, the Department denied the request, citing Zink
v. Commonwealth, 902 S.W.2d 825, 828 (Ky. App. 1994) for its application of KRS
61.878(1)(a). This appeal followed.
On appeal, the Appellant reasserts that he seeks the employer identification
number of the Department. This request does not describe public records to be
inspected, but rather, seeks information. See, e.g., 23-ORD-257 (denying a request for
“the full names” of correctional officers on duty at a specific time); 22-ORD-054
(denying a request asking “who ordered” a letter to be written, how much the author
was paid, and “why” the letter “was circulated”). The Act does not require public
agencies to answer interrogatories or fulfill requests for information. Rather, it only
requires
public
agencies
to
produce
public
records
for
inspection. See
KRS 61.872(2)(a) (requiring a request to inspect records to include, inter alia, a
description of “the records to be inspected”); Dep’t of Revenue v. Eifler, 436 S.W.3d
530, 534 (Ky. App. 2013) (“The [Act] does not dictate that public agencies must gather
and supply information not regularly kept as part of its records.”). Moreover, the
Office has previously stated “[e]mployer identification numbers are not public
1
The Appellant also instructed an employee of the Department to fill “out the W-9 for [the
Department] and you.” The Act does not require a public agency to create a record to satisfy a request.
See, e.g., 24-ORD-229; 16-ORD-052.records, but numbers issued by the United States Internal Revenue Service to
identify employers.” 23-ORD-059 n.1. Accordingly, the Department did not violate the
Act when it denied the Appellant’s request that did not describe any public records to
be inspected.2
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#481
Distributed to:
Kurt Wallace
Cheyla C. Bush, Staff Attorney III, Diversity, Equity, and Inclusion Director,
Department of Public Advocacy
Melanie Lowe, Executive Advisor, Department of Public Advocacy
Samuel J. Cox, General Counsel, Department of Public Advocacy
2
Because the Appellant’s request did not describe public records to be inspected, the Office need not
determine whether KRS 61.878(1)(a) exempts the Department’s employer identification number.