24-ORD-220
October 7, 2024
In re: Steve Roberson/South Central Kentucky Drug Task Force
Summary: The South Central Kentucky Drug Task Force (“the Task
Force”) did not violate the Open Record Act (“the Act”) when it did not
respond to a request it claims it did not receive.
Open Records Decision
Inmate Steve Roberson (“Appellant”) submitted a request seeking, “all
documentation relating to [his] arrest” by the Task Force on August 22, 2022. The
Appellant specified that responsive records included any “record relating to the
transfer to Franklin Memorial Hospital” and the procedures related to transfers and
booking. On September 13, 2024, having received no response from the Task Force,
the Appellant initiated this appeal.
On appeal, the Task Force claims never to have received the Appellant’s
request.1 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) (emphasis added). Here, the Task Force claims it did
not receive the Appellant’s request until this appeal was initiated. The Office cannot
resolve factual disputes, such as whether a public agency actually received a request.
See, e.g., 23-ORD-071; 23-ORD-005; 22-ORD-216; 22-ORD-148; 22-ORD-125; 22-
ORD-100; 22-ORD-051; 21-ORD-163. Thus, the Office cannot find the Task Force
violated the Act when it did not respond to a request it claims it did not receive.2
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
1
Specifically, the Task Force stated the Appellant sent his request to its previous address.
2
After the appeal was initiated, the Appellant provided additional information about his arrest, and
the Task Force located and produced documents relevant to his request.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
#380
Distributed to:
Steve D. Roberson #188638
Jacky Hunt
Joyce Sandlin