24-ORD-040
February 20, 2024
In re: James Harrison/Lee County Sheriff’s Office
Summary: The Office cannot find that the Lee County Sheriff’s Office
(“the agency”) violated the Open Records Act (“the Act”) because the
Office cannot resolve the factual dispute between the parties concerning
receipt of a request for records.
Open Records Decision
On January 5, 2024, James Harrison (“Appellant”) allegedly mailed a request
to the agency for copies of certain sections of its policy manual and documents
concerning the transfer of records. Having received no response by January 29, 2024,
the Appellant initiated this appeal.
Under KRS 61.880(1), a public agency must respond within five business days
after receipt of a request for records. Here, the Appellant claims the agency failed to
timely respond to his request. However, the agency states it did not receive the
request before receiving notice of this appeal on February 1, 2024, and issued a
response to the Appellant on the same date. Because the Office cannot adjudicate
disputed issues of fact, such as whether an agency received a request to inspect
records, the Office cannot find that the agency’s response in this case was untimely.
See, e.g., 22-ORD-010. Accordingly, the Office cannot find that the agency violated
the Act.
A party aggrieved by this decision may appeal it by initiating an 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 emailed to OAGAppeals@ky.gov.Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#41
Distribution:
James Harrison #095435
Joseph C. Lucas
Debbie Nolan
Thomas Hollon, Esq.