23-ORD-284
October 24, 2023
In re: Carlos Harris/Kenton County Commonwealth’s Attorney
Summary: The Office cannot find that the Kenton County
Commonwealth’s Attorney (“Commonwealth’s Attorney”) violated the
Open Records Act (“the Act”) when he did not respond to a request to
inspect records he claims he did not receive.
Open Records Decision
Inmate Carlos Harris (“Appellant”) claims he submitted a request to the
Commonwealth’s Attorney on September 11, 2023, to obtain copies of the transcript
or audio recording of the grand jury that indicted him. He further claims he has
received no response to his request. Accordingly, he 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). On appeal, the
Commonwealth’s Attorney claims he never received the Appellant’s request. The
Office has routinely found it is unable to resolve factual disputes between the parties
to an appeal under KRS 61.880(2)(a), including disputes about whether the public
agency received the request. See, e.g., 23-ORD-071; 23-ORD-005; 22-ORD-216; 22-
ORD-148; 22-ORD-125; 21-ORD-163. Accordingly, the Office cannot find that the
Commonwealth’s Attorney violated the Act when he did not respond to a request he
claims he did not receive.1
1
Moreover, on appeal, the Commonwealth’s Attorney correctly states the requested records are part
of his litigation file, and therefore, they are exempt from inspection under KRS 61.878(1)(h).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/ Marc Manley
Marc Manley
Assistant Attorney General
#429
Distributed to:
Carlos Harris #143261
Rob Sanders