25-ORD-122
May 14, 2025
In re: Joshua Adams/Montgomery County Jail
Summary: The Office cannot find that the Montgomery County Jail
(“the Jail”) violated the Open Records Act (“the Act”) because the Office
cannot resolve the factual dispute between the parties concerning
receipt of a request for records.
Open Records Decision
On March 14, 2025, inmate Joshua Adams (“Appellant”) submitted a request
to the Jail for “any and all documents, Jail video footage, and collect recorded
telephone calls [sic] records which directly relate to [him] by name or directly relate
to” a specified Bullitt Circuit Court case number. On April 10, 2025, having received
no response from the Jail, 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 claims the Jail failed to respond to his March 14 request. However, the Jail
states that it was unaware of the request until it received notice of this appeal on
April 21, 2025. Because the Office cannot adjudicate disputed issues of fact, such as
whether an agency received a request to inspect records, the Office cannot find that
the Jail failed to respond in a timely manner. See, e.g., 22-ORD-010. Accordingly, the
Office cannot find that the Jail violated the Act.1
1
On appeal, the Jail notified the Office that it has provided the Appellant with all responsive records
within its possession.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/ Matthew Ray
Matthew Ray
Assistant Attorney General
#156
Distributed to:
Joshua Adams#300219
Ian Roberts
Keith Craycraft