PUBLIC RECORDS ACT REQUEST
(Comprehensive Template – Kentucky Open Records Act)
[// GUIDANCE: This template provides practitioners with modular, plug-and-play sections.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Public Records Request Letter
Date: [DATE]
To:
[RECORDS OFFICER NAME]
[AGENCY NAME]
[RECORDS OFFICE STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [RECORDS OFFICE E-MAIL]
From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]
Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]
Recitals
A. The Requester seeks access to state and local agency records pursuant to the Kentucky Open Records Act (KRS 61.870 et seq.) (the "Act").
B. The Requester submits this Request to obtain public disclosure of the records described herein.
Effective Date. This Request is effective on the date first written above.
Jurisdiction. Issues arising under this Request shall be governed by the Act and other applicable Kentucky law.
2. DEFINITIONS
"Act" means the Kentucky Open Records Act (KRS 61.870 et seq.), as amended.
"Agency" means [AGENCY NAME], including all component offices and subordinate units.
"Business Day" means any day other than Saturday, Sunday, or a Kentucky legal holiday.
"Records" includes any information that qualifies as a public record subject to the Act.
"Requester" means the individual or entity identified in Section 1.
3. OPERATIVE PROVISIONS
3.1 Request for Specific Records.
The Requester hereby requests that the Agency disclose the following Records:
(a) [DETAILED DESCRIPTION OF EACH RECORD REQUESTED];
(b) Any indices or guides that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.
3.2 Scope of Search.
a. Timeframe: [START DATE] through [END DATE].
b. Locations: All paper and electronic record systems.
3.3 Preferred Format of Production.
Produce all responsive Records electronically in native format.
3.4 Fees & Limitation.
Requester agrees to pay fees permitted by the Act, up to US $[CAP AMOUNT].
4. REPRESENTATIONS & WARRANTIES
4.1 Requester represents that the contact information provided herein is accurate.
4.2 Requester warrants that the information requested is sought for lawful purposes.
5. COVENANTS & RESTRICTIONS
5.1 Requester agrees to remit payment of properly assessed fees within thirty (30) calendar days.
5.2 Requester shall promptly respond to reasonable Agency inquiries.
6. DEFAULT & REMEDIES
6.1 Agency Default includes failure to respond within five business days or unlawful withholding.
6.2 Requester may file an appeal with the Office of the Attorney General (KRS 61.880).
6.3 Requester may file a civil action in the appropriate Kentucky circuit court (KRS 61.882).
6.4 The court may award reasonable attorneys' fees.
7. RISK ALLOCATION
7.1 The sole monetary exposure is payment of statutorily-authorized fees.
7.2 No Indemnification by either party.
8. DISPUTE RESOLUTION
8.1 Governing Law: Kentucky Open Records Act.
8.2 Forum: Office of Attorney General; Kentucky circuit courts.
8.3 Arbitration is not available for ORA disputes.
9. GENERAL PROVISIONS
9.1 Amendments must be in writing.
9.2 Severability applies.
10. EXECUTION BLOCK
__________________________________
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Date: [DATE]
Kentucky-Specific Statutory References
- Kentucky Open Records Act (ORA): KRS 61.870 et seq.
- Response time: KRS 61.880 (five business days)
- Attorney General appeals: KRS 61.880
- Judicial enforcement: KRS 61.882
- Kentucky Administrative Procedure Act: KRS 13A.010 et seq.