24-ORD-091
April 3, 2024
In re: Jason Easley/Breckenridge County Dispatch
Summary: The Breckenridge County Dispatch (the “County Dispatch”)
violated the Open Records Act (“the Act”) when it failed to respond to a
request under the Act.
Open Records Decision
On March 1, 2024, Jason Easley (“Appellant”) submitted a request to the
County Dispatch for copies of “the dispatch logs” from the previous four months
related to two units. On March 12, 2024, having received no response from the County
Dispatch, the Appellant initiated this appeal.1
When a public agency receives a request to inspect records, that agency must
decide within five business days “whether to comply with the request” and notify the
requester “of its decision.” KRS 61.880(1). Here, the Appellant submitted a request
to the County Dispatch, to which it does not dispute it failed to respond. Thus, the
County Dispatch violated the Act.
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.
1
On appeal, the Appellant also asserts that he was “told that [he] would have to have other council
members call dispatch and have their names put on the open records even though they had nothing to
do with the open records request.” However, he does not provide the communication to which he refers
or any further details regarding that communication. Regardless, the County Dispatch has now made
the requested records available to the Appellant, and therefore, any dispute regarding this issue is
now moot.Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#162
Distributed to:
Jason Easley
Samantha Lucas
Nikki Anthony-Armes