25-ORD-011
January 10, 2025
In re: Kurt Wallace/City of Hillview
Summary: The City of Hillview (the “City”) violated the Open Records
Act (“the Act”) when it failed to respond to a request within five business
days of receiving it.
Open Records Decision
Kurt Wallace (“Appellant”) claims that on November 26, 2024, he submitted a
request to the City for 15 different records. On December 7, 2024, having received no
response from the City, the Appellant initiated this appeal.1
Under KRS 61.880(1), upon receiving a request for records 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.” Here, the
Appellant claims he submitted a request to the City on November 26, but had yet to
receive a response as of December 7. On appeal, the City does not dispute the
Appellant’s assertions or claim it issued a timely response. Under the Act, the City
carries the burden of proof to sustain its actions. KRS 61.880(2)(c). Here, the City did
not explain why it did not respond to the Appellant’s request. Thus, the City violated
the Act when it failed to respond to the Appellant’s request within five business days
of receiving it.2
1
On appeal, the Appellant makes allegations of allegedly criminal conduct, which are outside the
scope of an Open Records appeal under KRS 61.880(2).
2
After the appeal was initiated, the City provided the requested records to the Appellant. The
Appellant confirmed receipt of the records and only challenges the City’s failure to issue a timely
response to his request. The Office has previously declined to consider an appeal moot when the agency
provides responsive records only after initiation of an appeal. See 24-ORD-163 (finding “the appeal
[was] not moot” and the agency “subverted the Act” by causing “delay past the five (5) day period
described in” KRS 61.880(1)).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/ Matthew Ray
Matthew Ray
Assistant Attorney General
#502
Distributed to:
Kurt Wallace
Jim Eadens
Karen Richard
Harlan Compton