25-ORD-003
January 2, 2025
In re: Tanyqua Oliver/Fayette County Public Schools
Summary: The Office cannot find that the Fayette County Public
Schools (“FCPS”) violated the Open Records Act (“the Act”) when it
provided what the Appellant considered to be an incomplete record.
Open Records Decision
Tanyqua Oliver (“Appellant”) submitted a request to FCPS for a “teacher’s
witness statement via writing, audio, or video.” In response, FCPS granted the
request and provided responsive records.1 The Appellant then initiated her appeal of
the “complete denial of [her] open records request[.]”
On appeal, FCPS maintains that it has provided all records responsive to the
Appellant’s request. The Office cannot resolve factual disputes between a requester
and a public agency about whether all responsive records have been produced. See,
e.g., 23-ORD-175; 22-ORD-010; 19-ORD-083; 03-ORD-061; OAG 89-81. Accordingly,
the Office is unable to find that FCPS violated the Act when it provided what it claims
are all the responsive records it possesses.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
of any action in circuit court, but shall not be named as a party in that action or in
1
FCPS also asserted that it had previously provided the same records in response to two similar
requests submitted by the Appellant.
2
The Appellant also complains that the contents of the witness statements are false. That is an
issue beyond the scope of the Office’s review for compliance with the Act. See, e.g., 23-ORD-048 n.1
(noting the Office “cannot adjudicate ancillary legal disputes in the context of an appeal brought under
KRS 61.880(2)”); 22-ORD-244 n.3 (same).any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#493
Distributed to:
Tanyqua Oliver
Andria Jackson
Demetrus Liggins
Alex Garcia