25-ORD-052
February 27, 2025
In re: Ashley Gruner/Northern Kentucky University
Summary: Northern Kentucky University (“the University”) violated
the Open Records Act (“the Act”) when it did not grant or deny the
Appellant’s request within five business days. The University also
violated the Act, within the meaning of KRS 61.880(4), when it required
a request to be resubmitted using a specific form.
Open Records Decision
On December 29, 2024, Ashley Gruner (“Appellant”) submitted a request to the
University seeking the University’s “contracts with non-university transportation
companies” related to three categories of transportation. The Appellant stated that
she was submitting her request as a “resident of Kentucky” and stated that the
“information is not being sought for commercial purposes.” In response, on January
7, 2025, the University asked the Appellant to resubmit her request using the Office’s
standardized form1 and advised that it would “process [her] request” if she “satisf[ies]
the requirements of Kentucky residency.”
On January 28, 2025, the Appellant confirmed that she “lives” in Kentucky.
The next day, the University stated, “[a]ll requests to inspect public records must be
made” using the standardized form and use of the form “helps us to understand the
purpose of your request, i.e., whether for a commercial purpose or not.” Finally, the
University stated, “Once [the Appellant] complete[s] the required form, we will begin
gathering the requested records.” This appeal followed.
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
1
“Standardized form” refers to the form promulgated by the Office. See KRS 61.876(4).person making the request, within the five (5) day period, of its decision.” Further,
under KRS 61.872(2)(c), “[a] public agency shall not require the use of any particular
form for the submission of an open records request.” The Office has also found that a
public agency misdirects requesters, within the meaning of KRS 61.880(4), when the
agency requires the use of a particular online form to submit requests under the Act.
See, e.g., 22-ORD-167.
On appeal, the University asserts it did not require the Appellant’s request to
be submitted using a particular form but, instead, asked that the standardized form
be used “to confirm [the Appellant’s] residency and identify whether the records
would be used for a commercial purpose.” However, the Appellant stated in her
December 29 request that she is a “resident of Kentucky” and confirmed on January
28 that she “lives” in Kentucky. Moreover, her original request stated that the
“information is not being sought for commercial purposes.”2 Despite the Appellant’s
provision of the required information, the University maintained that “[a]ll requests
to inspect public records must be made” using the standardized form. Accordingly,
the University violated the Act when it did not grant or deny the Appellant’s
December 29 request within five business days. Further, the University subverted
the Act, within the meaning of KRS 61.880(4), when it erroneously required the
Appellant to use a particular form contrary to KRS 61.872(2)(c).3
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
2
On appeal, the University explains that, “[d]ue to an oversight,” it believed the Appellant had not
originally stated whether her request was for a commercial purpose.
3
After the appeal was initiated, the University produced all responsive records.#045
Distributed to:
Ashley Gruner
Jacqueline Graves, Staff Attorney, Office of Legal Affairs and General Counsel,
Northern Kentucky University
Grant Garber, Vice President for Legal Affairs and General Counsel, Northern
Kentucky University