25-ORD-027
January 30, 2025
In re: Randall Knuckles/Bell County Fiscal Court
Summary: The Office cannot find that the Bell County Fiscal Court
(“the Fiscal Court”) violated the Open Records Act (“the Act”) when it
did not respond to a request it states it did not receive.
Open Records Decision
On December 12, 2024, Randall Knuckles (“Appellant”) submitted a request by
facsimile for the “latest Bell County Ordinance as determined by highest ordinance
number.” On December 30, 2024, having received no response from the Fiscal Court,
the Appellant initiated this appeal.
On appeal, the Fiscal Court asserts that it did not receive the Appellant’s
request. 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.” KRS 61.880(1).
Here, the Appellant claims he sent his request to the Fiscal Court by facsimile
on December 12, 2024, and that he had yet to receive a response by December 30,
2024. For its part, the Fiscal Court provides an affidavit supporting its position that
it never received the Appellant’s request. The Office has consistently found it is
unable to resolve factual disputes between a requester and a public agency, such as
whether an agency received a request to inspect records. See, e.g., 24-ORD-184; 23-
ORD-092; 23-ORD-071; 23-ORD-005; 22-ORD-216; 22-ORD-148; 22-ORD-125; 22-
ORD-100; 22-ORD-051; 21-ORD-163. Accordingly, the Office is unable to resolve thisfactual dispute or find that the Fiscal Court violated the Act when it did not respond
to a request it claims it did not receive.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
#003
Distributed to:
Randall Knuckles
Albey Brock
Christopher Douglas
1
On appeal, the Fiscal Court states it has provided the Appellant with the requested record.