23-ORD-268
October 10, 2023
In re: Kenneth Tracy/Franklin County Sheriff’s Office
Summary: The Franklin County Sheriff’s Office (“the Sheriff’s Office”)
violated the Open Records Act (“the Act”) when it failed to issue a
response to a request to inspect records within five business days of
receiving it.
Open Records Decision
On August 23, 2023, Kenneth Tracy (“Appellant”) submitted a request to the
Sheriff’s Office for “all reports, body cam footage, and records involving” an identified
person “within the last year.” The Appellant claims that, on September 5, 2023, the
Sheriff’s Office “contacted” him and asked what records he wanted so it could provide
them to him.1 On September 12, 2023, having received no further communication
from the Sheriff’s Office, the Appellant initiated this appeal.
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.” KRS 61.880(1). Here, the
Appellant claims he submitted a request for records to the Sheriff’s Office on August
23, but he did not receive any response for almost two weeks, and even then the
response was not in writing. The Appellant further claims that, as of September 12,
he had yet to receive any further response from the Sheriff’s Office. The Sheriff’s
Office carries the burden of sustaining its actions, KRS 61.880(2)(c), but has not
1
Presumably, this was not a written communication because the Appellant did not provide the
Office with a written copy. According to the Appellant, this communication did not deny the request,
but instead sought clarification of the request.explained why it did not respond in writing to the Appellant’s request within five
business days of receiving it.2 Thus, the Sheriff’s violated the Act when it failed to
respond to the Appellant's requests within five business days.
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
#401
Distributed to:
Kenneth Tracy
Chris Quire
Max H. Comley
2
The Sheriff’s Office has not responded to the notice of appeal the Office issued on September 13,
2023.