24-ORD-098
April 15, 2024
In re: John Cheves/Department of Juvenile Justice
Summary: This Office cannot find the Department of Juvenile Justice
(“the Department”) violated the Open Records Act (“the Act”) when it
claims to have provided all records responsive to a request.
Open Records Decision
John Cheves (“Appellant”) submitted a request to the Department for “[y]outh
grievances that were found to be substantiated” at specified facilities and “[a]ny
written responses to the above substantiated youth grievances” from January 1, 2023,
to the present. In response, the Department denied the request under
KRS 610.320(3), which is incorporated into the Act by KRS 61.878(1)(l). This appeal
followed.
After the Appellant initiated this appeal, the Department reconsidered its
denial and now states it has “provided the Appellant with a copy of all substantiated
youth grievances” from the specified facilities “along with the written responses to
the substantiated youth grievances.” However, the Appellant claims the Department
has not yet provided all responsive records. The Office has long held it cannot resolve
factual disputes about whether all records responsive to a request have been
provided, or whether requested records should contain additional content. See, e.g.,
23-ORD-027; 22-ORD-010; 19-ORD-083; 03-ORD-061; OAG 89-81. Accordingly, the
Office is unable to find the Department violated the Act when it provided what it
considered to be all records responsive to the Appellant’s request.
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 inany subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#169
Distributed to:
John Cheves
Wilda Willis Caudle
Keith L. Jackson
Larry Chandler