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22-ORD-246

November 16, 2022

In re: Jeffrey Moles/City of Wilder

Summary: This Office cannot find that the City of Wilder (“the City”)
violated the Open Records Act (“the Act”) when it provided what the
Appellant considered to be an incomplete record.

Open Records Decision

Jeffrey Moles (“Appellant”) submitted a request to the City for the “property
tax records . . . for the Wilder leadership for years 2020, 2021, 2022.” The City
provided what it considered to be responsive records. This Appeal followed.

The Appellant alleges the City did not provide him with the “complete record”
he requested. He claims he received the tax bill instead of the tax record, whereas the
City asserts the Appellant was given the “tax record” and “did not ask for the paid
tax record.” This Office cannot resolve factual disputes between a requester and a
public agency about the content of the records produced. See, e.g., 22-ORD-010; 19-
ORD-083; 03-ORD-061; OAG 89-81. Consequently, this Office is unable to find that
the City violated the act when it provided what it considered to be responsive records.

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/ Zachary M. Zimmerer

Zachary M. Zimmerer

Assistant Attorney General

#400

Distributed to:

Jeffrey Moles
Juanita Schultz
Terry Vance
Justin D. Verst

LLM Summary
In 22-ORD-246, the Attorney General's Office determined that it could not find the City of Wilder in violation of the Open Records Act based on the appellant's claim of receiving incomplete records. The decision emphasizes that the Office does not resolve factual disputes regarding the content of records provided by public agencies.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Jeffrey Moles
Agency:
City of Wilder
Forward Citations:
Neighbors

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