23-ORD-235
September 5, 2023
In re: Richard D. Jones/Kentucky State Police
Summary: The Kentucky State Police (“KSP”) violated the Open
Records Act (“the Act”) when it failed to respond to a request within five
days of receiving that request.
Open Records Decision
Between July 27 and July 28, 2023, Richard D. Jones (“Appellant”) submitted
three requests to inspect records to KSP. On August 10, having received no response
from KSP, the Appellant initiated this appeal.
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
Appellant claims he submitted a request to KSP on July 28, 2023, and that it did not
respond to his request.
On appeal, KSP states that it received the Appellant’s three requests on July
28, 2023. However, it did not notify the Appellant in writing whether it intended to
deny or comply with his requests until August 18, 2023.1 Therefore, KSP violated the
Act when it failed to respond to the Appellant’s requests within five business days of
receiving them.
1
On appeal, KSP states it has provided all records responsive to the Appellant’s requests except for
a few emails that “relate to an ‘ongoing . . . administrative investigation,’” which KSP withheld under
KRS 61.878(1)(i) and (j). The Appellant has not challenged KSP’s decision to withhold those emails.A party aggrieved by this decision may appeal it by initiating an 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/ Matthew Ray
Matthew Ray
Assistant Attorney General
#345
Distributed to:
Richard D. Jones
Michelle Harrison
Stephanie Dawson
Abbey Hub