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22-ORD-216

October 14, 2022

In re: Justin Decker/Breckinridge County Detention Center

Summary: This Office cannot find that the Breckinridge County
Detention Center (“the Center”) violated the Open Records Act (“the
Act”) when it did not respond to a request to inspect records that it
claims it never received.

Open Records Decision

Inmate Justin Decker (“Appellant”) claims that on July 27, 2022, he submitted
a request to the Center for a copy of his transaction history of per diem fees he paid,
and the balance he owed from January 11, 2018 to the present. On September 13,
2022, having received no response from the Center, the Appellant initiated this
appeal.

Under KRS 197.025(7), a correctional facility must respond to an inmate’s
request to inspect public records within five business days of receipt of the request.
Here, the Appellant claims that he submitted a request to inspect records to the
Center on July 27, 2022, but the Center did not respond to that request. The Center
explains that it did not respond to the Appellant’s July 27, 2022, request because it
“do[es] not have a request” from the Appellant. This Office has consistently found
that it is unable to resolve factual disputes between a requester and a public agency,
such as whether an agency received a request. See, e.g., 22-ORD-148, 22-ORD-125;
22-ORD-100; 22-ORD-051; 21-ORD-163. Consequently, this Office is unable to find
that the Center violated the Act when it failed to respond to a request that it claims
it never received.A party aggrieved by this decision may appeal it by initiating 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.

Daniel Cameron

Attorney General

s/ Marc Manley

Marc Manley

Assistant Attorney General

#360

Distributed to:

Justin Decker # 300058
Tara Pile Shrewberry
Brett Butler

LLM Summary
In 22-ORD-216, the Attorney General's Office determined that it could not find the Breckinridge County Detention Center in violation of the Open Records Act for failing to respond to a records request that the Center claims it never received. The decision cites previous opinions to support the Office's consistent position that it cannot resolve factual disputes about whether an agency received a request.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Justin Decker
Agency:
Breckinridge County Detention Center
Forward Citations:
Neighbors

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