26-ORD-026 – Marvin Pennington/Northpoint Training Center

Opinion Content:

January 21, 2026

In re: Marvin Pennington/Northpoint Training Center

Summary: The Office cannot find that the Northpoint Training Center
(“the Center”) violated the Open Records Act (“the Act”) because the
Office is unable to resolve the factual dispute between the parties.

Open Records Decision

On December 8, 2025, inmate Marvin Pennington (“Appellant”) submitted a
request to the Center for records. On December 22, 2025, the Appellant initiated this
appeal, claiming the Center did not respond to his request.

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.” According
to the Appellant, on December 22, 2025, he had yet to receive a response to his
December 8, 2025, request. But on appeal, the Center asserts that it received the
Appellant’s request on December 15 and responded to it on December 22, 2025, five
business days later. As proof, the Center provides a copy of its response dated
December 22, 2025.

The Office has routinely found that it is unable to resolve factual disputes
between a requester and a public agency, such as whether a requester received a
response to his request. See, e.g., 23-ORD-276 (factual dispute as to whether a
requester received a response to his request). Accordingly, the Office cannot find the
Center violated the Act because the Office cannot resolve the factual dispute between
the parties as to whether the Appellant received the Center’s response to his
December 8 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/ Matthew Ray
Matthew Ray
Assistant Attorney General

Marvin Pennington #119935
Michelle Harrison
Nathan Goens
Charles Bates
Sarah Talarigo
Ann Smith