25-ORD-108
April 30, 2025
In re: Rebekah Atkins/Jefferson County Sheriff’s Office
Summary: The Jefferson County Sheriff’s Office (“the Sheriff’s Office”)
did not violate the Open Records Act (“the Act”) when it provided all
records in its possession because the requester is not a resident of the
Commonwealth.
Open Records Decision
Rebekah Atkins (“Appellant”) submitted a request to the Sheriff’s Office
seeking records which “involve” or “pertain” to the Appellant’s “identity” or her name
being used as an “alias” in Jefferson County. As part of her request, the Appellant
stated she is not a resident of Kentucky. In response, the Sheriff’s Office stated it
could have denied her request under KRS 61.872(2)(a), because she is not a resident
of the Commonwealth, but instead opted to provide all responsive records in its
possession. In this appeal, the Appellant alleges the Sheriff’s Office did not provide
all responsive records to her.
Under KRS 61.872(2)(a), only a “resident of the Commonwealth” has the “right
to inspect public records.” Because a nonresident has no statutory right of inspection,
a public agency cannot violate the Act by denying a nonresident’s request—regardless
of the reason it provides when denying the request. Here, the Appellant admits she
is not a resident of the Commonwealth. Thus, she does not have a statutory right to
inspect public records under the Act. Accordingly, even if the Appellant is correct that
the Sheriff’s Office did not provide all responsive records to her, the Sheriff’s Office
did not violate the Act.1
1
Notwithstanding the Appellant’s status as a nonresident, once a public agency states affirmatively
that it has no more responsive records, the burden shifts to the requester to present a prima facie case
that the agency does possess records. See Bowling v. Lexington–Fayette Urb. Cnty. Gov’t, 172 S.W.3d
333, 341 (Ky. 2005). The Appellant has not attempted to establish a prima facie case that the Sheriff’s
Office possesses additional responsive records.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
#127
Distributed to:
Rebekah Atkins
Major Mike Littlefield