Opinion
Opinion By: Daniel Cameron, Attorney General; Matthew Ray, Assistant Attorney General
Summary : The Pike County Detention Center (the "Center") violated the Open Records Act ("the Act") when it failed to issue a timely response to a request under the Act.
Open Records Decision
On December 1, 2021, Winston Wright ("Appellant") submitted a request to the Center to "inspect, view, and or copy the following list of information as it directly relates to me, and or my person." The "list" included in the Appellant's request contains fifteen subparts of specific records he requested. On December 18, 2021, having received no response from the Center, this appeal followed.
Under KRS 61.880(1), upon receiving a request for records under the Act, a public agency "shall determine within five (5) [business] days . . . after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the five (5) day period, of its decision." Here, the Center failed to respond to the Appellant's request. 1Thus, it violated the Act.
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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