25-ORD-123
May 14, 2025
In re: Melanie Barker/Cabinet for Health and Family Services
Summary: The Cabinet for Health and Family Services (“the Cabinet”)
violated the Open Records Act (“the Act”) when it failed to issue a
response to two requests to inspect records within five business days of
receiving them.
Open Records Decision
On March 31, 2025, Melanie Barker (“Appellant”) submitted a nine-part
request to the Cabinet for records related to the “Employee Child Care Assistance
Partnership Program.” On April 8, 2025, the Appellant submitted a request to the
Cabinet for “the contract between [the Cabinet] and United Way of the Bluegrass”
and any records showing the amount of money given to United Way of the Bluegrass
by the Cabinet for each year since 2019. On April 16, 2025, having received no
response to her requests, the Appellant initiated this appeal.
On April 16, 2025, after the Appellant initiated her appeal, the Cabinet
responded to the Appellant’s March 31 and April 8 requests. The Appellant
subsequently challenged the Cabinet’s response to one part of her March 31 request.
That part requested the document that shows “all of the [e]mployers that have
utilized” the Employee Child Care Assistance Partnership Program. The Cabinet
advised that it did not possess records responsive to this request.1
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
On appeal, the Cabinet states that it created and provided to the Appellant a list responsive to
this part of her request. Thus, this portion of the Appellant’s appeal is now moot. See 40 KAR 1:030 §
6person making the request, within the five (5) day period, of its decision.” Here, the
Appellant submitted her requests to the Cabinet on March 31 and April 8, 2025, but
did not receive a response as of April 16, 2025, the sixteenth and sixth business days,
respectively, following submission of her requests. The Cabinet does not assert that
it responded prior to April 16, 2025. Accordingly, the Cabinet violated the Act when
it failed to respond to the Appellant’s requests within five business days.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
#157
Distributed to:
Melanie Barker
Peyton Sands, Staff Attorney III, Cabinet for Health and Family Services
Evelyn L. Miller, Legal Secretary, CHFS Open Records, Cabinet for Health and
Family Services
2
On April 17, 2025, the same day the Appellant initiated this appeal, she copied the Office and
multiple other Kentucky government agencies on an email to a Cabinet employee. That
communication stated that the documents produced in response to a different request of hers were
“not good enough.” The email did not show a clear intent to initiate an appeal to the Office. Accordingly,
the Office declines to interpret this communication as an appeal. If the Appellant does wish to initiate
a separate appeal concerning this other request, she may do so by providing the Office with a copy of
her original request and the Cabinet’s final response. See KRS 61.880(2)(a).