25-ORD-041
February 13, 2025
In re: Melanie Barker/Cabinet for Health and Family Services
Summary: The Cabinet for Health and Family Services (“the Cabinet”)
violated the Open Records Act (“the Act”) when it failed to issue a
response to two requests to inspect records within five business days of
receiving them.
Open Records Decision
On January 8, 2024, Melanie Barker (“Appellant”) submitted two requests to
the Cabinet seeking the “name of the school[s] and the” amount of “Child Care
Stimulus Money from 2020-2024” they received and the “name [and] amount” of
“Child Care Stimulus Money” received by Kentucky YMCA facilities. On January 16,
2025, having received no response to her request, 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
Appellant submitted her requests to the Cabinet on January 8, 2025, but had not
received a response as of January 16, 2025, the sixth business day following
submission of the requests. The Cabinet does not assert that it responded prior to
January 16, 2025. Accordingly, the Cabinet violated the Act when it failed to respond
to the Appellant’s requests within five business days.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
1
On appeal, the Cabinet explains that, on January 16, 2025, it provided the Appellant with the only
records in its possession that are responsive to her request.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
#031
Distributed to:
Melanie Barker
Elyssa S. Morris, Staff Attorney I, Office of Legal Services, Cabinet for Health and
Family Services
Peyton Sands, Staff Attorney III, Cabinet for Health and Family Services
Evelyn L. Miller, Legal Secretary, CHFS Open Records, Cabinet for Health and
Family Services