24-ORD-178
August 6, 2024
In re: Scott McDonnell/Department of Corrections
Summary: The Office lacks jurisdiction to consider a complaint alleging
that the Department of Corrections (“the Department”) violated the
Open Records Act (“the Act”) because the Appellant has not submitted a
request to inspect records.
Open Records Decision
Scott McDonnell (“Appellant”) submitted a request to the Department to
interview a specific inmate. In response, the Department stated its media policy does
not allow for this type of interview. This appeal followed.
Under KRS 61.880(2)(a), “If a complaining party wishes the Attorney General
to review a public agency’s denial of a request to inspect a public record, the
complaining party shall forward to the Attorney General a copy of the written request
and a copy of the written response denying inspection.” Here, the Appellant has not
provided a “request to inspect a public record” but rather, provided a request seeking
permission to conduct an interview with an inmate. The Act does not require agencies
to grant such requests. Rather, it only requires public agencies to produce public
records for inspection. See KRS 61.872(2)(a) (requiring a request to inspect records to
include, inter alia, a description of “the records to be inspected”). Accordingly, this
Office lacks jurisdiction related to the Appellant’s request, and this appeal is
therefore dismissed.
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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#306
Distributed to:
Scott McDonnell
Michelle Harrison
Renee Day
Ann Smith