24-ORD-158
July 2, 2024
In re: John Scarborough/Mead County Ethics Commission
Summary: The Mead County Ethics Commission (the “Commission”)
violated the Open Records Act (“the Act”) when it failed to respond to a
request under the Act.
Open Records Decision
On May 16, 2024, John Scarborough (“Appellant”) submitted a request for
records to the Commission. On June 3, 2024, having received no response from the
Commission, the Appellant initiated this appeal.
A public agency has five business days from the receipt of a request for public
records made under the Act to fulfill the request or deny it and explain why.
KRS 61.880(1). Here, the Appellant submitted a request for records to the
Commission on May 16, 2024, and claims he did not receive a response to his request.
The Commission has not submitted a response to the Office or otherwise claimed that
it did respond to the request.1 Thus, the Commission violated the Act when it failed
to respond 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 in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
1
On appeal, the Meade County Attorney informed the Office that he does not represent the
Commission but that he has contacted the Commission’s counsel about this appeal. The Meade County
Attorney further states the Appellant was provided with some of the records he requested after the
appeal was initiated. The Office has yet to receive a response from the Commission’s counsel.Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#268
Distributed to:
John Scarborough
Troy Kok
Sidney Smith Durham