23-ORD-244
September 15, 2023
In re: Telemachus Harrison/Estill County Board of Education
Summary: The Office cannot find that the Estill County Board of
Education (“the Board”) violated the Open Records Act (“the Act”) when
it did not respond to a request to inspect records it claims it did not
receive.
Open Records Decision
Telemachus Harrison (“Appellant”) claims that, on March 31, 2023, he
submitted a request to the Estill County High School to obtain copies of his education
records. He further claims he has received no response to his request as of August 13,
2023, despite having made “several calls” and “was told a reply would be forth coming
[sic].” Accordingly, he filed this appeal.
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.” KRS 61.880(1). On appeal, the
Board claims there is “no record” of the request “being received by” the Board.
However, now that the Board is aware of the request, it is “in the process” of
producing the requested records to the Appellant. The Office has routinely found it is
unable to resolve factual disputes between the parties to an appeal under
KRS 61.880(2)(a), including disputes about whether the public agency received the
request. See, e.g., 23-ORD-071; 23-ORD-005; 22-ORD-216; 22-ORD-148; 22-ORD-125;
22-ORD-100; 22-ORD-051; 21-ORD-163. Accordingly, the Office cannot find that the
Board violated the Act when it did not respond to a request it claims it did not receive.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/ Marc Manley
Marc Manley
Assistant Attorney General
#360
Distributed to:
Telemachus Harrison
Jonathan C. Shaw