26-ORD-149 – James Harrison/Office of the Governor

Opinion Content:

April 2, 2026

In re: James Harrison/Office of the Governor

Summary: The Office of the Governor (“the Agency”) did not violate the
Open Records Act (“the Act”) when it did not respond to two requests it
did not receive.

Open Records Decision

Inmate James Harrison (“Appellant”) submitted two requests to the Agency.
The first sought regulations in existence between 1976 and 1983. The second request
sought the “disposition” of a complaint previously submitted to the Agency. On
February 25, 2026, claiming to have received no response to either request, the
Appellant initiated this appeal.

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
person making the request, within the five (5) day period, of its decision.”

On appeal, the Agency explains that it did not receive either of the Appellant’s
requests. Thus, a factual dispute exists between the parties as to whether the Agency
received the Appellant’s request for records. The Office has previously found that it
is unable to resolve factual disputes between a requester and a public agency, such
as whether an agency received a request. See, e.g., 24-ORD-184 (declining to resolve
factual dispute as to whether an agency received a request). Accordingly, the Office
cannot find the Agency violated the Act because the Office cannot resolve the factual
dispute between the parties as to whether the Agency received the Appellant’s
requests.

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 [email protected].

Russell Coleman
Attorney General

/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General

James Harrison #095435, Appellant
LaTasha Buckner, General Counsel
Taylor Payne, Chief Deputy General