24-ORD-105
April 26, 2024
In re: Jeremy Henley/Rowan County Detention Center
Summary: The Office cannot find that the Rowan County Detention
Center (“the Detention Center”) violated the Open Records Act (“the
Act”) because the Office is unable to resolve the factual dispute between
the parties about whether the Detention Center received a request for
records.
Open Records Decision
Inmate Jeremy Henley (“Appellant”) claims that, on April 1, 2024, he hand-
delivered a request for copies of various policies to a Detention Center guard,
although he does not identify the guard.1 He then initiated this appeal, claiming to
have received no response from the Detention Center.
If an agency receives a request under the Act, it “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) (emphasis added). Here, the Appellant
claims he submitted a request to the Detention Center on April 1, 2024, by handing
it to a guard. However, the Detention Center claims it never received the request and
notes the Appellant does not identify the guard to whom he allegedly handed his
request. This Office has found it cannot resolve factual disputes between the parties
to an open records appeal, such as whether an agency actually received a request to
inspect records. See, e.g., 23-ORD-062; 22-ORD-024; 21-ORD-233; 21-ORD-163. Thus,
1
While the Appellant’s handwritten request is difficult to read, it appears he sought policies related
to the classification and treatment of inmates incarcerated while awaiting trial. His request cites to
policies issued “in accordance with KRS 441.055, 501 KAR 3:110, and 501 KAR 7:110 [sic]” but the
Department of Corrections has not promulgated an administrative regulation numbered
“501 KAR 7:110.”the Office is unable to find that the Detention Center violated the Act when it did not
issue a response to a request it claims it never received.
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.
Russell Coleman
Attorney General
/s/ Marc Manley
Marc Manley
Assistant Attorney General
#195
Distributed to:
Jeremy Henley
Wes Coldrion
Cecil Watkins