24-ORD-079
March 20, 2024
In re: Randy Skaggs/Wolfe County Judge/Executive
Summary: The Wolfe County Judge/Executive’s Office (“the agency”)
violated the Open Records Act (“the Act”) when it did not respond to a
request to inspect records.
Open Records Decision
Randy Skaggs (“Appellant”) claims that, on January 22, 2024, he mailed a
request to the agency for copies of various records related to the county’s animal
control shelters.1 In a box in the top left corner of the request, in large font, the
Appellant asked that “All Documents Be Remitted By April 1st, 2024.” However, on
the second page of the request, in underlined text in the last paragraph, he asked the
agency to “inform [him] by Friday, February 9th, 2024, as to whether or not you
intend to honor” his request. Having received no response from the agency by
February 19, 2024, the Appellant 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). The agency
carries the burden of proof in sustaining its action. KRS 61.880(2)(c). Here, despite
the Office issuing notice of this appeal and inviting the agency to respond, it has put
forth no argument or evidence to dispute the Appellant’s claim. Accordingly, the
Office finds the agency violated the Act when it failed to respond to the Appellant’s
request.
1
The Appellant claims to have mailed the same request to all 120 county judge/executives. As proof,
he provides a picture of a tray containing several envelopes. However, the only address that is legible
in the picture is the address at which the Appellant submitted his request to the Cumberland County
Judge/Executive.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.
Russell Coleman
Attorney General
/s/ Marc Manley
Marc Manley
Assistant Attorney General
#137
Distributed to:
Randy Skaggs
Raymond Banks
Stephen Johnson