The Kentucky Attorney General has upheld the Rowan County Sheriff's Office denial of an inmate's open records request, ruling that public agencies have no obligation to provide records they do not possess. The decision, issued May 26, clarifies an important principle under Kentucky's Open Records Act: agencies cannot be forced to create or compile information that does not already exist in their files.

Inmate Daniel Cooper requested documents identifying the Rowan County sheriff's deputy who accepted custody of him on Dec. 2, 2024, during a transport from the Bourbon County Detention Center to Rowan County Circuit Court. The Sheriff's Office denied the request, stating it does not maintain documentation concerning prisoner transports. Cooper appealed to the Attorney General's office, arguing the agency had failed to conduct an adequate search.

In decision 26-ORD-235, the Attorney General determined Cooper did not provide sufficient evidence that the requested records actually exist. Under Kentucky law, once an agency states it does not possess records, "the burden shifts to the requester to make a prima facie case that the record or should exist," according to the decision. The office noted that Cooper's assertion alone—without supporting evidence such as relevant statutes or regulations—was insufficient to prove the records should be in the Sheriff's Office's possession.

The decision underscores a critical distinction in Kentucky's Open Records Act, enacted in 1976. The Attorney General's office emphasized that the Act requires agencies to provide access to existing public records, but not to fulfill requests for information or create new documents. "The Act does not require public agencies to fulfill requests for information, but only requests for extant public records," the decision states.

The ruling also addressed Cooper's request for the deputy's identity. The Attorney General determined that identifying individuals is not a "public record" under the Act, but rather information that agencies have no obligation to provide in response to open records requests.

Cooper has 30 days from the May 26 decision to appeal the ruling in Rowan County Circuit Court. The decision was issued by Assistant Attorney General Matthew Ray.