October 7, 1996

In re: E. F. Estep/Kentucky Parole Board

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky Parole Board did not violate provisions of KRS 61.870 to KRS 61.884 when it denied Mr. Estep's request for “statistics on the percentage of sex offenders and other violent offenders who made parole in the months of June, July and August, 1996,” on the basis that it does not maintain such statistics. This office has long recognized that a public agency cannot afford a requester access to records which it does not have. We believe that 93-ORD-51, and particularly the discussion at pages 4 and 5, is dispositive of this appeal. A copy of that decision is attached hereto, and its reasoning incorporated by reference.

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. 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.

A. B. Chandler

Attorney General

Amye L. Bensenhaver

Assistant Attorney General



Distributed to:

Helen Howard-Hughes


Kentucky Parold Board

Fifth Floor

State Office Building

Frankfort KY 40601

E. F. Estep #87486

Kentucky State Prison 4-010

P. O. Box 128

Eddyville KY 42038-0128