25-ORD-023
January 28, 2025
In re: Robert Stone/Covington Police Department
Summary: The Office cannot find that the Covington Police
Department (“the Department”) violated the Open Records Act (“the
Act”) because the Office cannot resolve the factual dispute between the
parties concerning receipt of a request for records and issuance of a
response.
Open Records Decision
In a letter dated December 3, 2024, inmate Robert Stone (“the Appellant”)
requested certain records from the Department relating to his criminal case in the
Kenton Circuit Court. Claiming to have received no response to his request, the
Appellant initiated this appeal on December 27, 2024.
Under KRS 61.880(1), a public agency must respond within five business days
after receipt of a request for records. Here, the Appellant claims the agency failed to
timely respond to his request. However, the Department states it received the
Appellant’s request on December 9, 2024, and issued a timely written response on
December 13, 2024. Because the Office cannot adjudicate disputed issues of fact, such
as when an agency received a request to inspect records or issued a response, the
Office cannot find that the Department’s response in this case was untimely. See, e.g.,
24-ORD-040. Accordingly, the Office cannot find that the Department violated the
Act.
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/ James M. Herrick
James M. Herrick
Assistant Attorney General
#002
Distribution:
Robert Stone, #321530
Sheree E. Weichold, Esq.
Col. Brian Valenti