23-ORD-179
July 20, 2023
In re: Kyrek Purdiman/Owensboro Police Department
Summary: The Owensboro Police Department (the “Department”)
violated the Open Records Act (“the Act”) when it failed to respond to a
request within five business days of receiving the request.
Open Records Decision
On May 23, 2023, inmate Kyrek Purdiman (“Appellant”) submitted a request
to the Department by certified mail for two categories of records related to his
criminal case.1 On June 14, 2023, the Appellant initiated this appeal because he had
not received a response from the Department.
Upon receiving a request to inspect records, a public agency must decide within
five business days whether to grant the request, or deny the request and explain why.
KRS 61.880(1). On appeal, the Department admits it received the Appellant’s
“request on May 25, 2023, processed the request, but failed to log it in or send the
requested records.” As a result, the Department violated the Act.2
1
The Appellant asserts his request was received by the Department on May 26, 2023, and submits
a certified mail receipt as proof. However, the certified mail receipt he submitted does not indicate
when it was received. Instead, the receipt shows that it was mailed on May 23, 2023, the price of
postage paid, the address it was mailed to, and the tracking number.
2
The Department claims to have sent all responsive records to the Appellant. However, the
Appellant now claims various records are missing. Simply put, given the constraints of this Office’s
review under KRS 61.880(2), it cannot decide factual disputes between the parties, such as whether
all responsive records have been provided. See, e.g., 19-ORD-083; 03-ORD-61; OAG 89-81. And here,
the Appellant asks the Office to make a factual determination regarding the existence of additional
records, but it cannot do so.A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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
emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#267
Distributed to:
Kyrek Purdiman #305071
Arthur Ealum, Jr.
Mark Pfeifer