23-ORD-303
November 13, 2023
In re: Jan D. Blythe/Franklin County Regional Jail
Summary: The Office cannot find that the Franklin County Regional
Jail (“the Jail”) violated the Open Records Act (“the Act”) because the
Office cannot resolve the factual dispute between the parties as to
whether the Jail received a request to inspect records.
Open Records Decision
Inmate Jan D. Blythe (“Appellant”) claims that on August 31, 2023, he
submitted a request to the Jail to inspect a disciplinary report related to a “physical
altercation” in which he was “allegedly involved.” On October 10, 2023, having
received no response from the Jail, 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.” The Office
has found it cannot resolve factual disputes between parties, such as whether an
agency received a request to inspect records. See, e.g., 23-ORD-005; 22-ORD-216; 22-
ORD-148; 22-ORD-125; 22-ORD-100; 22-ORD-051; 21-ORD-163.
Here, the Appellant claims he submitted a request to the Jail on August 31,
but it did not respond to his request. In contrast, on appeal, the Jail states it did not
respond to the Appellant’s request because it “has no record of having ever received”
it. The Office is unable to resolve the factual dispute between the parties as to if the
Jail received the Appellant’s request to inspect records or find that it violated the Act.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
#459
Distributed to:
Jan D. Blythe #145855
Chris Quire
Daniel Wills, Captain
Max H. Comley