Open Records Act Request - Kentucky

OPEN RECORDS ACT REQUEST

Commonwealth of Kentucky

Kentucky Open Records Act, KRS 61.870 et seq.

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery
☐ Facsimile

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for in-person inspection
☐ Other: [________________________________]

PART II: PUBLIC AGENCY INFORMATION

To:

Official Custodian of Records: [________________________________]

Public Agency Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear Custodian of Records:

Pursuant to the Kentucky Open Records Act ("ORA"), KRS 61.870 et seq., I hereby request access to and copies of the public records described below.

The Kentucky General Assembly has declared that "free and open examination of public records is in the public interest and the purpose of KRS 61.870 to 61.884 is to ensure the free and open examination of public records." KRS 61.871. The ORA is to be "liberally construed" to carry out its stated purpose. KRS 61.871.

Under KRS 61.870(2), "public record" means "all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency." Under KRS 61.870(4), "official custodian" means "the chief administrative officer of a public agency or any documentation or information otherwise defined as a public record."

The ORA applies to all "public agencies," which includes every state or local government officer, department, agency, institution, instrumentality, board, bureau, commission, district, authority, committee, and any other entity created by the Kentucky Constitution, statute, executive order, local ordinance, or resolution. KRS 61.870(1).

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Maps, drawings, or diagrams
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

I request that responsive records be provided in the following format:

☐ Electronic format (preferred)
☐ Paper copies
☐ Both electronic and paper copies
☐ In-person inspection at agency office

Under KRS 61.874(2)(a), a public agency shall provide a copy of non-exempt public records in a format requested by the applicant, if the records are available in that format.

Specific Format Preferences:

☐ PDF format
☐ Native file format
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under KRS 61.874

I understand that under the Kentucky ORA:

1. Inspection is free: The right to inspect public records is free of charge. KRS 61.872(3)(a).

2. Non-commercial requests: For non-commercial requests, the public agency may charge fees for the actual cost of materials and equipment used in making copies (e.g., paper, toner), but may not charge for staff time. KRS 61.874(3).

3. Commercial purpose requests: If the records are requested for a commercial purpose, the public agency may charge a reasonable fee to recover the cost of staff time required to produce the records, in addition to the actual cost of materials. KRS 61.874(4).

4. Standard copy fees: Copy charges are typically $0.10 per page for standard 8.5" x 11" black and white copies, depending on the agency.

5. Electronic records: If records are stored electronically and can be provided electronically, the fee should reflect only the actual cost of the electronic medium.

B. Non-Commercial Purpose Statement

☐ I certify that this request is NOT for a commercial purpose as defined in KRS 61.870(6). I am requesting these records for:

☐ Personal use
☐ Scholarly/academic research
☐ Journalism/news reporting
☐ Public interest/civic engagement
☐ Litigation/legal proceedings
☐ Other non-commercial purpose: [________________________________]

C. Fee Cap and Estimate

I agree to pay reasonable fees in accordance with KRS 61.874, up to a maximum of $[____]. If estimated fees exceed this amount, please provide a written estimate before proceeding and await my authorization.

D. Fee Waiver Request

☐ I request a fee waiver or reduction because this request serves the public interest.

Basis for Fee Waiver: [________________________________]

PART VII: RESPONSE DEADLINE

Under KRS 61.880(1), the official custodian must determine within three (3) business days (excluding Saturdays, Sundays, and legal holidays) after receipt of this request whether to comply, and must notify the applicant in writing of the determination within that three-day period.

The response must:

1. Grant the request and provide the records, or arrange a time for inspection;
2. Deny the request in writing, stating the specific exception(s) under KRS 61.878 relied upon and a brief explanation of how the exception applies; or
3. Notify the requester that the records are in active use, in storage, or otherwise unavailable, and designate a place, time, and date (not to exceed five (5) business days from receipt of the request) for inspection. KRS 61.872(5).

If the records cannot be produced within the five-day period, the custodian must provide a detailed explanation of the cause for further delay and the earliest date on which the records will be available. KRS 61.872(5).

Critical: Failure to respond within the three-business-day period or to provide a detailed explanation for delay constitutes a denial of the request and triggers appeal rights.

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure under KRS 61.878, I request that the agency:

1. Cite the specific exemption relied upon for each withheld record or portion thereof;
2. Provide a brief explanation of how the exemption applies to the specific record, as required by KRS 61.880(1);
3. Segregate and release all non-exempt portions of partially exempt records, as required by KRS 61.878(4); and
4. Bear the burden of proof: The public agency bears the burden of proving that the record is exempt. KRS 61.882(3).

Key Exemptions Under KRS 61.878(1):

• (a) Public records containing information of a personal nature where public disclosure would constitute a clearly unwarranted invasion of personal privacy
• (b) Records confidentially disclosed to an agency that would permit an unfair commercial advantage to competitors
• (c) Records protected by attorney-client privilege
• (d) Public records pertaining to a prospective location of a business or industry
• (e) Public records developed as part of the prospective investment plan of a public pension fund
• (g) Records of test questions, scoring keys, and other examination instruments
• (h) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations (if disclosure would harm enforcement prospects, reveal confidential sources, or constitute an unwarranted invasion of personal privacy)
• (i) Preliminary drafts, notes, correspondence, recommendations, and memoranda (deliberative process exemption)
• (j) Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies formulated or recommended
• (k) All public records or information the disclosure of which is prohibited or restricted by federal law or regulation
• (l) Public records or information the disclosure of which is prohibited or restricted by state law

PART IX: PRESERVATION OF RECORDS

The custodian is hereby placed on notice that all records responsive to this request must be preserved. Destruction of public records is governed by KRS 171.530 et seq. and requires approval from the State Archives and Records Commission.

PART X: APPEAL AND ENFORCEMENT RIGHTS

I understand that, in the event of a denial, I have the following rights:

A. Appeal to the Attorney General (KRS 61.880(2))

If this request is denied, I may appeal to the Kentucky Attorney General within 20 business days of the denial. The Attorney General has 20 business days from receipt of the appeal to issue a written decision.

The appeal must include:

1. A copy of the written request;
2. A copy of the agency's written denial;
3. A statement of the basis for the appeal; and
4. Any other relevant documentation.

The Attorney General's decision shall include a statement of findings and a determination of whether the agency violated the ORA. KRS 61.880(2)(a).

B. Judicial Enforcement (KRS 61.882)

Following the Attorney General's decision, either party may appeal to the circuit court of the county where the public agency is located within 30 days of the Attorney General's decision. KRS 61.882(1).

Alternatively, I may bypass the Attorney General and file a civil action directly in circuit court. KRS 61.882(1).

The circuit court shall determine the matter de novo, and the burden of proof is on the public agency. KRS 61.882(3).

C. Attorney Fees and Costs (KRS 61.882(5))

If the court finds that the agency willfully withheld the record, the court shall award the requester's reasonable attorney fees and costs. The court may also award the requester statutory damages of $25 for each record improperly withheld.

D. Penalties

A public officer or employee who willfully conceals or destroys a public record commits a Class A misdemeanor under KRS 519.060.

I reserve all rights to pursue administrative and judicial remedies available under Kentucky law.

PART XI: ADDITIONAL PROVISIONS

A. No Purpose Requirement

The Kentucky ORA does not require a requester to state a reason or purpose for requesting records, except for purposes of determining whether the request is for a commercial purpose. KRS 61.872.

B. Duty to Assist

I request that the custodian exercise reasonable efforts to assist me in identifying responsive records and narrowing the scope of this request if necessary.

C. Forwarding

If this request has been directed to an office that does not maintain the requested records, I request that it be forwarded to the appropriate custodian and that I be notified.

D. Communication

All communications regarding this request should be directed to the Requester at the contact information provided in Part I above.

PART XII: CERTIFICATION AND SIGNATURE

I certify that this request is made in good faith pursuant to the Kentucky Open Records Act, KRS 61.870 et seq. I affirm the accuracy of the information provided herein.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Kentucky Open Records Act (ORA), KRS 61.870 et seq.
2. KRS 61.870 - Definitions (public record, public agency, official custodian, commercial purpose)
3. KRS 61.871 - Policy of free and open examination; liberal construction
4. KRS 61.872 - Right to inspect; procedures; response timeline
5. KRS 61.874 - Copies, fees (actual cost of materials; no staff time for non-commercial)
6. KRS 61.878 - Exemptions from disclosure
7. KRS 61.878(4) - Segregability of non-exempt portions
8. KRS 61.880(1) - Response deadline (3 business days)
9. KRS 61.880(2) - Attorney General appeal (20 business days to file; 20 days for decision)
10. KRS 61.882 - Judicial enforcement in circuit court (de novo review; 30-day appeal deadline)
11. KRS 61.882(5) - Attorney fees, costs, and statutory damages ($25 per record)
12. KRS 171.530 - Records retention and destruction schedules
13. KRS 519.060 - Criminal penalties for willful concealment or destruction

This template is designed for use in the Commonwealth of Kentucky under the Open Records Act, KRS 61.870 et seq. It should be customized to the specific facts of each request and reviewed by a qualified Kentucky attorney before submission. Laws and regulations may change; verify all citations before use.