26-ORD-005 – Grady Throneberry/Jefferson County Sheriff’s Office

Opinion Content:

January 9, 2026

In re: Grady Throneberry/Jefferson County Sheriff’s Office

Summary: The Jefferson County Sheriff’s Office (“the Sheriff’s Office”)
did not violate the Open Records Act (“the Act”) when it denied a request
for a record that is confidential under KRS 15.400(3).

Open Records Decision

Grady Throneberry (“the Appellant”) submitted a request to the Sheriff’s Office
for his “[p]re-employment background investigation file.” The Sheriff’s Office denied
the request on the grounds that the record was exempt under KRS 15.400(3). This
appeal followed.

KRS 15.400(3), which applies to peace officers employed after December 1,
1998, provides, in relevant part: “The Open Records Act notwithstanding, [the]
background investigation . . . conducted for any person seeking certification pursuant
to KRS 15.380 to 15.404 shall not be subject to disclosure.” This statute makes the
background investigation file for a law enforcement officer “categorically exempt
under the Act.” 25-ORD-109. Here, the Appellant argues that he, as the applicant for
employment, should be entitled to inspect his own background investigation. See KRS
61.878(3) (“No exemption in this section shall be construed to deny, abridge, or
impede the right of a public agency employee, including [an] applicant for
employment, [to] inspect and to copy any record [that] relates to him or her.”).
However, the right of access under KRS 61.878(3) “does not extend to records that
are made confidential by state law.” 23-ORD-234. Accordingly, under KRS 15.400(3),
an applicant for employment as a peace officer may not inspect his own background
investigation file. See 00-ORD-118. Therefore, the Sheriff’s Office did not violate the
Act when it denied the Appellant’s request.

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].

Russell Coleman
Attorney General

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

Mr. Grady Throneberry
Lt. Col. Mike Littlefield