23-ORD-242
September 15, 2023
In re: Anita Ellison/Nelson County Judge/Executive’s Office
Summary: The Nelson County Judge/Executive’s Office (“the agency”)
violated the Open Records Act (“the Act”) when it failed to respond to
requests for records within five business days.
Open Records Decision
On August 8, 2023, Anita Ellison (“Appellant”) requested to inspect all
contracts between Nelson County and Harp Enterprises, Inc., “pertaining to current
Machines, Equipment, and Software in use or that will be in use in the next election
cycle” or to “training on the use of election machines, [equipment,] and software.”
After receiving no response to either request, the Appellant initiated two appeals on
August 17, 2023, which the Office has consolidated.
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 agency admits it did
not respond to the Appellant’s request in a timely manner. Thus, the agency violated
the Act.1
A party aggrieved by this decision may appeal it by initiating an 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 agency responded to the requests by stating, “There are no
contracts between Nelson County and Harp Enterprises, Inc.”Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#356
#357
Distributed to:
Ms. Anita Ellison
Arch C. McKay, III, Esq.
Hon. Tim Hutchins