25-ORD-050
February 18, 2025
In re: Mathew Daily/Kentucky Law Enforcement Council
Summary: The Kentucky Law Enforcement Council (“the Council”)
violated the Open Records Act (“the Act”) when it failed to issue a
response within five business days of receiving it.
Open Records Decision
On January 13, 2025, Mathew Daily (“Appellant”) submitted a request to the
Council
seeking
his
peace
officer
professional
standards
“certification
status/standing” as well as records relating to his employment and termination by
the Carrol County Sheriff’s Office. On January 23, 2025, having received no response
to his 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 his request to the Council on January 13, 2025, but had not
received a written response as of January 23, 2025. The Council, on appeal, stated
that it “had a telephone conversation with [the] Appellant” advising him that some of
the requested records were “available to him online through his LETRS account” and
others were in possession of the Carrol County Sheriff’s Office. However, the Act
requires that public agencies “shall notify in writing the person making the request,
within the five (5) day period, of its decision.” KRS 61.880(1) (emphasis added). Here,
the Council did not timely respond in writing to the Appellant’s request. Accordingly,
the Council violated the Act when it failed to respond to the Appellant’s requests
within five business days.1
1
On appeal, the Council states that it issued a written response to the Appellant’s request on
January 29, 2025.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
#043
Distributed to:
Matthew Daily
Rob Ratliff, KLEC Executive Director
Elizabeth Bond, KLEC Legal Counsel
Brandi Robinson, Official Records Custodian