25-ORD-025
January 29, 2025
In re: Austyn Ponce/Grant County Detention Center
Summary: The Grant County Detention Center (“the Center”) violated
the Open Records Act (“the Act”) when it failed to timely respond to a
request under the Act.
Open Records Decision
On November 18, 2024, Austyn Ponce (“Appellant”) submitted a request to the
Center for two “background checks [and] reports” and documents “that contained
criminal charges” and asked where those records “were obtained from.” The Appellant
also sought all “records pertaining to” her employment with the Center. On December
27, 2024, having received no response from the Center, the Appellant initiated this
appeal.
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
Center explains that there was confusion regarding who would send the Appellant a
reply and it was not aware that no reply had been sent until it received notice of this
appeal. Thus, the Center violated the Act when it did not respond to the Appellant’s
request until after the appeal was initiated.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
1
The Center further stated that it has provided all responsive records and information requested
by the Appellant.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
#011
Distributed to:
Austyn Ponce
Chief Deputy J. Brearton
Pete W. Whaley, Assistant Grant County Attorney