Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
Mark Wilson appeals the Gallatin County Sheriff's failure to respond to a June 16, 2014, records request which he hand-delivered to the Sheriff's office. On June 21, Mr. Wilson was orally advised that the records would be disclosed to him after a named deputy sheriff returned from vacation, but received no written response or subsequent communication.
KRS 61.880(1) provides that upon any request for public records made under KRS 61.870 to 61.884, a public agency "shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, 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 three (3) day period, of its decision." The Gallatin County Sheriff failed to respond in writing, and within three business days, to Mr. Wilson's request. The Sheriff therefore violated KRS 61.880(1).
Either party may appeal this decision by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Distributed to:
Mark WilsonJosh NealeJohn G. Wright