22-ORD-212
October 13, 2022
In re: Michael Yeomans/McCracken County Detention Center
Summary: The McCracken County Detention Center (“the Center”)
violated the Open Records Act (“the Act”) when it failed to respond to a
request for records.
Open Records Decision
On July 22, 2022, inmate Michael Yeomans (“Appellant”) submitted a request
to the Center to inspect his “Inmate Account and Payment History” from January
2010 to the present date. Having received no response to his request by September 9,
2022, the Appellant initiated this appeal.
Under KRS 61.880(1), upon receiving a request for records under the Act, a
public agency “shall 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.” Here, the
Appellant claims to have submitted a request on July 22 but has never received a
response. The Center carries the burden of justifying its actions, KRS 61.880(2)(c),
yet it did not respond to this Office’s notice of appeal. Thus, in the absence of any
explanation for why the Center failed to respond to the Appellant’s request within
five business days, the Office finds the Center violated the Act.
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/ Marc Manley
Marc Manley
Assistant Attorney General
#348
Distributed to:
Michael Yeomans, #274748
David Knight
Sam Clymer