25-ORD-105
April 24, 2025
In re: Angele Maley/Oldham County Police Department
Summary: The Oldham County Police Department (“the Department”)
did not violate the Open Records Act (“the Act”) when it denied a request
that did not state how the requester qualified as a resident of the
Commonwealth of Kentucky.
Open Records Decision
Angele Maley (“the Appellant”), who resides in Ohio, submitted a request to
the Department for the dashboard camera and body-worn camera footage of a
particular Department officer recorded on February 17, 2025. In response, the
Department denied the request on the grounds that the requested records “are to be
used in a prospective law enforcement action” citing KRS 17.150(2)(d). This appeal
followed.
On appeal, the Department asserts KRS 61.872(2)(a) as an alternative basis
for denying the request. That statute provides that only a “resident of the
Commonwealth” has the right to inspect public records. Further, “[t]he official
custodian may require the applicant 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).” Id. “Resident of the Commonwealth” is defined as:
(a) An individual residing in the Commonwealth;
(b) A domestic business entity with a location in the Commonwealth;
(c)
A foreign business entity registered with the Secretary of State;
(d) An individual that is employed and works at a location or locations
within the Commonwealth;
(e)
An individual or business entity that owns real property within the
Commonwealth;
(f)
Any individual or business entity that has been authorized to act
on behalf of an individual or business entity defined in paragraphs
(a) to (e) of this subsection; or(g) A news-gathering organization as defined in KRS 189.635(9)(b)1. a.
to e.
KRS 61.870(10). Here, the Appellant did not provide a written statement indicating
how she qualifies as a resident of the Commonwealth.1 Accordingly, the Department
did not violate the Act when it denied the Appellant’s request.2
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
#125
Distributed to:
Angele Maley
Angela Gray, Administrative Secretary, Oldham County Police Department
Colonel Greg Smith, Oldham County Chief of Police
David Berry Baxter, Oldham County Attorney
1
Rather, the Appellant provided a mailing address in Ohio. It is not apparent from the face of the
Appellant’s request how any part of KRS 61.870(10) applies to her.
2
Because KRS 61.872(2)(a) is dispositive of this appeal, it is unnecessary to address the
Department’s argument under KRS 17.150(2)(d). However, the Supreme Court of Kentucky
determined that KRS 17.150(2) “govern[s] only the mandatory disclosure of ‘intelligence and
investigative reports’ after the related criminal prosecution has been completed or a determination not
to prosecute has been made.” Shively Police Dep’t v. Courier Journal, Inc., 701 S.W.3d 430, 443 (Ky.
2024)