23-ORD-098
May 1, 2023
In re: Dennis Bell/McCracken County Judge-Executive
Summary: The McCracken County Judge-Executive did not violate
the Open Records Act (“the Act”) when he directed the Appellant to the
official custodian of the requested records.
Open Records Decision
Dennis Bell (“Appellant”) submitted a request to the Judge-Executive to
inspect a specific search warrant signed by a district court judge. The Judge-
Executive denied the request and told the Appellant he did not have custody of the
requested records. The Judge-Executive then provided the Appellant with the name
and contact information for the McCracken County Circuit Court Clerk. This appeal
followed.
Under KRS 61.872(4), if “the person to whom the application is directed does
not have custody or control of the public record requested, that person shall notify the
applicant and shall furnish the name and location of the official custodian of the
agency's public records.” In his initial response, the Judge-Executive directed the
Appellant to submit his request to the McCracken Circuit Court Clerk and provided
her contact information.1 Thus, the Judge-Executive did not violate the Act when he
provided the name and address of the agency he believed to be the custodian of the
records.
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
1
In its response on appeal, the Judge-Executive informed the Appellant that the McCracken County
Sherriff’s Office may also possess the requested records and provided the Sheriff’s mailing address.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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#144
Distributed to:
Dennis Bell
Craig Z. Clymer
Cade Foster