25-ORD-018
January 23, 2025
In re: John Bellocchio/Kentucky State Police
Summary: The Kentucky State Police (“KSP”) did not violate the Open
Records Act (“the Act”) when it denied a request for public records on
the basis of residency.
Open Records Decision
John Bellocchio (“Appellant”) submitted a request to KSP for records related to
KSP’s “investigative files” regarding a specific individual created in September 2024.
In his request, the Appellant asserted that he qualifies as a resident of the
Commonwealth because he is a “news-gathering organization” as defined in
KRS 189.635(9)(b).1 In response, KSP denied the request because the Appellant does
not qualify as a “resident of the Commonwealth” under KRS 61.870(10). This appeal
followed.
Under KRS 61.872(2)(a), “[a]ny resident of the Commonwealth shall have the
right to inspect public records.” KRS 61.870(10)(g) defines “resident of the
Commonwealth” to include a “news-gathering organization,” which is:
a.
A newspaper or periodical if it:
i.
Is published at least fifty (50) of fifty-two (52) weeks during a
calendar year;
ii.
Contains at least twenty-five percent (25%) news content in
each issue or no more than seventy-five percent (75%)
advertising content in any issue in the calendar year; and
iii. Contains news of general interest to its readers that can
include news stories, editorials, sports, weddings, births, and
death notices;
1
The Appellant has provided the Office with a mailing address in Oakland, New Jersey. For his
argument that he is a resident of the Commonwealth, he relies solely on KRS 61.870(10)(g).b.
A television or radio station with a valid broadcast license issued
by the Federal Communications Commission;
c.
A news organization that broadcasts over a multichannel video
programming service as defined in KRS 136.602;
d.
A website published by or affiliated with any entity described in
subdivision a., b., or c. of this subparagraph; [and]
e.
An online-only newspaper or magazine that publishes news or
opinion of interest to a general audience and is not affiliated with
any entity described in subparagraph 2. of this paragraph[.]
KRS 189.635(9)(b)1.a. to e. (emphasis added). The Appellant does not identify any
portion of this statute under which he claims to qualify as a “news-gathering
organization.” Instead, the Appellant states that he is “an academic/scholarly
journalist writing an analytic piece” and that he “had planned on presenting his
analysis to scholarly journals that, presumably, are read in the Commonwealth” and
are “doing business with the Commonwealth.”
The Office has previously rejected an appellant’s argument where that
argument would eviscerate the Act’s residency requirement. See, e.g., 24-ORD-034
(finding that, “if a requester could merely claim to be acting on a resident’s behalf,
without identifying the resident or providing proof of his or her authorization, then
KRS 61.870(10)(f) would completely eviscerate the Act’s residency requirement”).
Here, the Plaintiff does not assert that he currently qualifies as a news-gathering
organization or that he is acting on behalf of a news-gathering organization. Instead,
he describes his intent to submit “an analytic piece” to organizations he assumes meet
the KRS 189.635(9)(b)1. definition of a news-gathering organization.2
The intent to write a paper that may or may not be published by a news-
gathering organization in the future, standing alone, does not make the requester
himself a news-gathering organization. Otherwise, any requester could claim an
intent to use records to write a news article that will be submitted for publication to
a news-gathering organization. If such a claim was enough to qualify as a news-
gathering organization for purpose of the Act, the Act’s residency requirement would
be eviscerated. A requester must fit the definition of “resident of the Commonwealth”
at the time his request is made, not at some anticipated or hypothetical time in the
future. Thus, a requester who does not meet the definition of a news-gathering
organization himself, or who is not affiliated with a news-gathering organization at
the time of the request, is not a “resident of the Commonwealth” under
KRS 61.870(10)(g). Accordingly, KSP did not violate the Act when it denied the
Appellant’s request because he does not qualify as a “resident of the Commonwealth.”
2
The Office need not decide whether “scholarly journals” are “news-gathering organizations” under
KRS 189.635(9)(b)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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#520
Distributed to:
John Bellocchio
Samantha A. Bevins, Staff Attorney III, Office of Legal Services, Justice and Public
Safety Cabinet
Stephanie Dawson, Official Custodian of Records, Public Records Branch, Kentucky
State Police
Mitchel S. Hazelett, Police Lieutenant, Kentucky State Police