22-ORD-281
December 22, 2022
In re: Tyler Fryman/Lexington Police Department
Summary: The Lexington Police Department (“the Department”)
violated the Open Records Act (“the Act”) when it failed to display the
email address of its records custodian on its website as required by
KRS 61.876(2)(b).
Open Records Decision
On December 7, 2022, Tyler Fryman (“Appellant”) requested records from the
Department by sending an email to the Chief of Police. The Department rejected the
Appellant’s request on the grounds that “the Lexington-Fayette Urban County
Government only accepts email requests for records under the Kentucky Open
Records Act via the methods provided in CAO Policy 8R, Section II, paragraph 2, and
as detailed on the website located at www.lexingtonky.gov/open-records-request.”
This appeal followed.
The Appellant claims the Department has violated KRS 61.876(2), which
provides, “Each public agency shall display” certain information “in a prominent
location accessible to the public, including on its Web site.” That information includes
“[t]he mailing address, e-mail address, and phone number of the official custodian of
the records or his or her designee to which all requests for public records shall be
made.” KRS 61.876(2)(b) (emphasis added).
On appeal, the Department argues it has complied with this requirement
because the records custodian’s e-mail address appears on the “Open records request”
page of the Lexington-Fayette Urban County Government (“City”) website. The
Appellant, however, complains that the correct email address is not prominently
displayed on the Department’s website and that its directions for submitting a request
are “contradictory and inefficient.”The Department maintains its own webpage, entitled “Police open records,”1
which contains instructions for submitting requests to the Department in person, by
fax, by U.S. Mail, or through an electronic contact form. But that webpage provides
no instructions for submitting a request to the Department by email. On the right
side of the “Police open records” page, however, is a link titled “Email us,” which
directs an email to the Chief of Police. This was the link the Appellant used to submit
his request, because it was the only email address provided on the webpage.
According to the Department, any request for police records submitted by email
must be directed to the City’s records custodian at an email address other than the
Chief of Police’s email address. But the appropriate email address is not displayed on
the Department’s website. For that reason, the Department has violated the Act.2
Alternatively, the Department argues it has complied with the requirements
of KRS 61.876(2) because the records custodian’s email address appears in the City’s
open records rules and regulations adopted under KRS 61.876(1). Although it is true
that KRS 61.876(1)(b) requires a public agency’s rules and regulations to include the
custodian’s email address, KRS 61.876(2)(b) imposes an additional requirement that
the email address be displayed on the agency’s website.3 The City’s compliance with
KRS 61.876(1)(b) does not excuse its failure to comply with KRS 61.876(2)(b). Because
the Department’s website does not display the records custodian’s email address, as
required under KRS 61.876(2)(b), the Department 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.
1
See https://www.lexingtonky.gov/police-open-records (last accessed December 21, 2022).
2
To discover the correct email address from the “Police open records” webpage, a user would first
have to navigate to an inconspicuous link at the bottom of the webpage titled “Media center.” See
https://www.lexingtonky.gov/media-center (last accessed December 21, 2022). About halfway down the
“Media
center”
webpage
is
a
link
to
the
City’s
open
records
webpage.
See
https://www.lexingtonky.gov/open-records-request (last accessed December 21, 2022). After navigating
to that webpage, which is the City’s webpage, a user could locate the records custodian’s email address.
Here, it is unnecessary to determine whether the Department’s records custodian’s email address is
“prominently” displayed on its website because it was not posted on the Department’s website at all.
3
Furthermore, KRS 61.876(2)(a) contains a separate requirement that an agency display its open
records rules and regulations in a prominent and accessible location, including on its website. Thus,
the fact the email address is contained within the rules and regulations promulgated under
KRS 61.876(2)(a) is irrelevant to whether such information is itself posted on the website, as is
required under KRS 61.876(2)(b).Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#466
Distributed to:
Mr. Tyler Fryman
Jason H. Hernandez, Esq.
Officer John Linton