26-ORD-176 – Cameron McClure/Kentucky State Police

Opinion Content:

April 22, 2026

In re: Cameron McClure/Kentucky State Police

Summary: The Kentucky State Police (“KSP”) did not violate the Open
Records Act (“the Act”) when the requester did not state how he qualified
as resident of the Commonwealth.

Open Records Decision

Cameron McClure (“Appellant”) submitted a request to KSP for a recording of
a 911 call made on March 20, 2026, in Hardin County, Kentucky. In a timely
response, KSP denied the request, stating the Appellant had not “provided a
statement explaining the manner in which [he is] a ‘resident of the Commonwealth.’”
This appeal followed.

Under KRS 61.872(2)(a), only a “resident of the Commonwealth” has the right
to inspect public records. Further, “[t]he official custodian may require the applicant
to provide a statement in the written application of the manner in which the applicant
is a resident of the Commonwealth under KRS 61.870(10)(a) to (f).” Id. “Resident of
the Commonwealth” is defined for purposes of the Act as:

(a) An individual residing in the Commonwealth;
(b) A domestic business entity with a location in the Commonwealth;
(c) A foreign business entity registered with the Secretary of State;
(d) An individual that is employed and works at a location or locations
within the Commonwealth;
(e) An individual or business entity that owns real property within the
Commonwealth;
(f) Any individual or business entity that has been authorized to act
on behalf of an individual or business entity defined in paragraphs
(a) to (e) of this subsection; or
(g) A news-gathering organization as defined in KRS 189.635(9)(b)1. a.
to e.

KRS 61.870(10). Here, the Appellant did not provide a written statement of how he
qualifies as a resident of the Commonwealth. Accordingly, KSP 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 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

Cameron McClure, Appellant
Sara Talarigo
Charles Bates
Captain Bradly Stotts
Sgt. Zack Morris
Emmalie K. Hankinson, Supervisor, Public Records Branch,
Kentucky State Police
Jonathan Courtwright, Kentucky State Police
Ann Smith, Executive Staff Advisor, Justice