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23-ORD-240

September 12, 2023

In re: James Harrison/Lee County Sheriff’s Office

Summary: The Lee County Sheriff’s Office (the “Sheriff’s Office”)
violated the Open Records Act (“the Act”) when it failed to issue a timely
response to a request to inspect records.

Open Records Decision

On July 27, 2023, inmate James Harrison (“Appellant”) submitted a request to
the Sheriff’s Office for records related to an incident that he claims resulted in the
seizure of his property in 2017. On August 11, 2023, having received no response from
the Sheriff’s Office, 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 the Sheriff’s Office on July 27, 2023, but
it did not respond to his request. On appeal, the Sheriff’s Office provides a copy of its
response to a different request the Appellant submitted on August 13, 2023, which is
not the subject of this appeal. The Sheriff’s Office carries the burden of proof in
sustaining its action, KRS 61.880(2)(c), but it puts forth no evidence it timely
responded to the Appellant’s request. Accordingly, the Sheriff’s Office violated the Act
when it failed to respond to the Appellant’s request.

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 fromthe 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

#352

Distributed to:

James Harrison #095435
Joseph C. Lucas
Thomas Hollon

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:
James Harrison
Agency:
Lee County Sheriff’s Office
Cites:
Forward Citations:
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