23-ORD-277
October 19, 2023
In re: John D. Brentlinger/Simpson County Sheriff’s Office
Summary: The Office cannot find that the Simpson County Sheriff’s
Office (“the Sheriff’s Office”) 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
Inmate John D. Brentlinger (“Appellant”) claims he submitted a request to the
Sheriff’s Office on June 16, 2023, to obtain copies of records related to his criminal
case.1 He further claims he has received no response to his request. Accordingly, he
initiated 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
Sheriff’s Office claims it never received the Appellant’s request. Rather, the Sheriff’s
Office received a request dated June 14, 2023, from a Joel D. Brentlinger seeking the
same records, to which it responded by providing copies of the requested records.2
The Office has routinely found it is unable to resolve factual disputes between the
1
Although the Appellant provides a copy of his certified mail receipt, the receipt shows only that
the request was mailed on June 20, 2023, not on June 16, 2023, which was the date of the request. The
Appellant did not provide the certified mail signature card that recipients must sign on delivery.
Accordingly, there is no proof in the record that the Sheriff’s Office received the Appellant’s request.
2
It appears Joel D. Brentlinger may be related to the Appellant. However, the request from Joel D.
Brentlinger had a return address located in Tennessee, and the Appellant’s return address is a
correctional facility in Ohio.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; 21-ORD-163. Accordingly, the Office cannot find that the
Sherriff’s Office 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
#418
Distributed to:
John D. Brentlinger # A 724798
Tracy Kent