Opinion
Opinion By: Daniel Cameron, Attorney General; Matthew Ray, Assistant Attorney General
Open Records Decision
On July 18, 2021, Dave Burke ("Appellant") asked the Center for records related to why he "is in isolation[.]" The Appellant specified the scope of his request included "write-ups" and "incident reports" as well as any related video. The Appellant also requested a copy of the "Kenton County Jails Due Process Policy[.]" Having received no response from the Center, the Appellant appealed to this Office on August 9, 2021.
Upon receiving a request under the Act, a public agency must "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). Here, the Center did not respond until after the appeal was initiated on August 20, 2021. Thus, the Center violated the Act because it did not respond to the Appellant's request within five business days as the Act requires. 1
A party aggrieved by this decision may appeal it 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 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.
Footnotes
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