Skip to main content

25-ORD-034

February 6, 2025

In re: Paul Starkey/Department of Criminal Justice Training

Summary: The Department of Criminal Justice Training (“the
Department”) did not violate the Open Records Act (“the Act”) when it
denied a request that failed to contain a statement demonstrating that
the applicant is a resident of the Commonwealth.

Open Records Decision

Paul Starkey (“Appellant”) submitted a request to the Department seeking “all
disclosable records for” a specific individual. In response, the Department explained
that it is authorized by KRS 61.872(2)(a) to require a requester “to provide a
statement in the written application of the manner in which the applicant is a
resident of the Commonwealth” as defined by the Act. The Department then provided
the Appellant with a copy of the official request form promulgated by the Office “as a
convenient resource by which” he could “provide the necessary statement regarding
residency.”1 This appeal followed.

Under the Act, any “resident of the Commonwealth” may apply to inspect
records. Moreover, the official records custodian may require a person requesting to
inspect records “to provide a statement in the written application of the manner in
which the applicant is a resident of the Commonwealth under KRS 61.870(10)(a) to
(f).” KRS 61.872(2)(a).

Here, the Appellant did not state in his request how he qualified as a “resident
of the Commonwealth.” Further, on appeal, the Appellant admits that he is not a

1
The Department also informed the Appellant that he was not required to resubmit his request
using that form. See KRS 61.872(2)(c).Kentucky resident.2 Therefore, the Department did not violate the Act when it denied
his request.

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

#014

Distributed to:

Paul Starkey
Denna D. Brockman, J.D., Records Section Supervisor/Official Records Custodian,
Department of Criminal Justice Training
Robin Cornette, Staff Attorney III, Office of the Secretary, Office of Legal Services,
Justice and Public Safety Cabinet

2
Instead, the Appellant argues that the Act’s resident requirement is unconstitutional. Such
questions are beyond the scope of the Office’s review. See KRS 61.880(2)(a) (authorizing the Office to
issue “a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884”).

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Paul Starkey
Agency:
Department of Criminal Justice Training
Type:
Open Records Decision
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.