23-ORD-240
September 12, 2023
In re: James Harrison/Lee County Sheriff’s Office
Summary: The Lee County Sheriff’s Office (the “Sheriff’s Office”)
violated the Open Records Act (“the Act”) when it failed to issue a timely
response to a request to inspect records.
Open Records Decision
On July 27, 2023, inmate James Harrison (“Appellant”) submitted a request to
the Sheriff’s Office for records related to an incident that he claims resulted in the
seizure of his property in 2017. On August 11, 2023, having received no response from
the Sheriff’s Office, 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 he submitted a request to the Sheriff’s Office on July 27, 2023, but
it did not respond to his request. On appeal, the Sheriff’s Office provides a copy of its
response to a different request the Appellant submitted on August 13, 2023, which is
not the subject of this appeal. The Sheriff’s Office carries the burden of proof in
sustaining its action, KRS 61.880(2)(c), but it puts forth no evidence it timely
responded to the Appellant’s request. Accordingly, the Sheriff’s Office violated the Act
when it failed to respond to the Appellant’s request.
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 fromthe 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
#352
Distributed to:
James Harrison #095435
Joseph C. Lucas
Thomas Hollon