25-ORD-008
January 9, 2025
In re: Cristina Keith/University of Kentucky
Summary: The University of Kentucky (“the University”) violated the
Open Records Act (“the Act”) when it failed to give a detailed explanation
of the cause for delay and the earliest date when requested records
would be available as required under KRS 61.872(5).
Open Records Decision
On November 18, 2024, attorney Cristina Keith (“the Appellant”) submitted a
64-part request for records to the University in connection with a pending
termination proceeding against her client, a tenured faculty member. The following
day, the University issued a response stating, “Given the number of parts [and] the
breadth of [the] request, it will take AT LEAST thirty days to respond” (emphasis in
original). This appeal followed.
Under KRS 61.880(1), a public agency must decide within five business days
whether to grant a request or deny it. This time may be extended under
KRS 61.872(5) when records are “in active use, in storage or not otherwise available”
if the agency gives “a detailed explanation of the cause . . . for further delay and the
place, time, and earliest date on which the public record will be available for
inspection.” In light of this provision, the Attorney General has recognized that
persons requesting large volumes of records should “expect reasonable delays in
records production.” 12-ORD-228. However, the reasonableness of such a delay “is a
fact-intensive inquiry.” 21-ORD-045. A vague statement about the volume of a
request is not a “detailed explanation” under KRS 61.872(5). See, e.g., 22-ORD-164;
17-ORD-194. Thus, the University’s cursory response referring only to “the number
of parts [and] the breadth of [the] request” failed to provide the “detailed explanation”
required by KRS 61.872(5). Furthermore, the University failed to give a specific dateby which records would be available for inspection, as required under KRS 61.872(5).
Therefore, the University violated the Act.1
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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
#500
Distributed to:
Cristina F. Keith, Esq.
William E. Thro, Esq.
Ms. Amy R. Spagnuolo
1 On December 13, 2024, the University issued its final response to the Appellant’s request, granting
some portions of the request and denying others. The merits of that response are not at issue in this
appeal.