22-ORD-209
October 7, 2022
In re: Glenn Hayden/School Facilities Construction Commission
Summary: The School Facilities Construction Commission (“the
Commission”) violated the Open Records Act (“the Act”) when it failed
to respond timely to a request for records.
Open Records Decision
On August 27, 2022, Glenn Hayden (“Appellant”) submitted a request to the
Commission to inspect the “written approval allowing Graves County Board of
Education and Graves County School District Finance Corp to issue any new bonds”
following a 2019 audit. Having received no response to his request, the Appellant
initiated this appeal on September 12, 2022.
Under the Act, a public agency has five business days to fulfill a request for
public records or deny such a request and explain why. KRS 61.880(1). Accordingly,
the Commission’s response was due on September 6, 2022. On appeal, the
Commission admits that it “inadvertently failed to respond” to the request prior to
this appeal. Thus, the Commission violated the Act when it failed to issue a timely
response.1
1
On September 13, 2022, the Commission issued a response to the request, in which it advised the
Appellant that it did not have custody of any responsive records. However, the Commission stated that
the Capital Projects and Bond Oversight Committee might have the requested records, and provided
the Appellant with the name, address, and e-mail address of that committee’s records custodian. Under
KRS 61.872(4), “[i]f the person to whom the application is directed does not have custody or control of
the public record requested, that person shall notify the applicant and shall furnish the name and
location of the official custodian of the agency’s public records.” By providing the necessary contact
information for the Capital Projects and Bond Oversight Committee, the Department complied with
KRS 61.872(4).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 within 30 days
from the date of this decision. 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. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/James M. Herrick
James M. Herrick
Assistant Attorney General
#344
Distributed to:
Mr. Glenn S. Hayden
Cary B. Bishop, Esq.
Ms. Chelsey L. Couch