25-ORD-403 – MaKenzie Calame/University of Kentucky

Opinion Content:

December 15, 2025

In re: MaKenzie Calame/University of Kentucky

Summary: The Office cannot find that the University of Kentucky
(“the University”) 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 October 6, 2025, MaKenzie Calame (“the Appellant”) allegedly submitted a
request to the University for certain records relating to its football program. Having
received no response by November 13, 2025, the Appellant initiated this appeal.

Under KRS 61.880(1), a public agency must respond within five business days
after receipt of a request for records. Here, the Appellant claims the University failed
to timely respond to her request. However, the University states it did not receive the
request because the Appellant sent it to an incorrect email address. 1 As 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 University failed to respond
in a timely manner. See, e.g., 22-ORD-010. Accordingly, the Office cannot find that
the University violated the Act.

A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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 [email protected].

1 According to the information appearing on the University’s website, the email address of its
records custodian is [email protected]. See https://legal.uky.edu/open-records (last accessed
Dec. 10, 2025). This was not the address to which the Appellant sent her request.

Russell Coleman
Attorney General

/s/ James M. Herrick
James M. Herrick
Assistant Attorney General

Ms. MaKenzie Calame
William E. Thro, Esq.
Ms. Amy R. Spagnuolo