23-ORD-067
March 27, 2023
In re: Barbara Culberson/Grayson County Detention Center
Summary: The Grayson County Detention Center (“the Jail”) violated
the Open Records Act (“the Act”) when it failed to respond to a request
for records within five business days.
Open Records Decision
On February 3, 2023, Barbara Culberson (“Appellant”) requested copies of
certain video recordings, commissary transactions, grievances, medical requests,
resident requisitions, and medical records pertaining to an inmate incarcerated at
the Jail. After receiving no response, the Appellant initiated this appeal on February
27, 2023.
Under KRS 61.880(1), a public agency must respond to a request for public
records within five business days of receiving it. On appeal, the Jail admits it did not
respond to the Appellant’s request in a timely manner. Thus, the Jail violated the
Act.1
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
After this appeal was initiated, the Jail provided the requested records to the Appellant, with the
exception of the video recordings, which the Jail states no longer exist because video footage “becomes
unavailable after 30 days as it is taped over.” The requested footage was from January 6, 2022. The
Jail’s ultimate disposition of the request is not at issue in this appeal because the Appellant has
challenged only the Jail’s failure to timely respond to her request.Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#92
Distributed to:
Ms. Barbara Culberson
Robert T. Watson, Esq.
Jeremy Logsdon, Esq.
Jason Woosley, Jailer