26-ORD-032 – Daniel Woodie/Park Hills Police Department

Opinion Content:

February 2, 2026

In re: Daniel Woodie/Park Hills Police Department

Summary: The Park Hills Police Department (“the Department”) did
not violate the Open Records Act (“the Act”) when it allegedly denied
portions of two requests for public records because the requester is not
a resident of the Commonwealth.

Open Records Decision

This appeal concerns requests for public records submitted to the Department
by Daniel Woodie (“the Appellant”) on November 14 and November 21, 2025. In both
requests, the Appellant claimed he was a resident of the Commonwealth under KRS
61.870(10)(d). The Department provided records in response to both requests. The
Appellant subsequently initiated this appeal on the grounds that the Department had
partially denied his requests by failing to provide all responsive records.

Under KRS 61.872(2)(a), “[a]ny resident of the Commonwealth shall have the
right to inspect public records.” A public agency “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. The Act defines
“resident of the Commonwealth” in KRS 61.870(10) 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.

The requester need only qualify as a resident of the Commonwealth under any one of
these paragraphs for purposes of the Act. See 24-ORD-224.

On appeal, the Department asserts the Appellant is not entitled to inspect
public records because he is not a resident of the Commonwealth of Kentucky. The
Department cites 25-ORD-156 and 25-ORD-397, in which the Office found the
Appellant was not a resident of the Commonwealth under KRS 61.870(10)(d). A
“public agency is not required to simply accept a statement of residency that it knows
to be false.” 25-ORD-156. Here, nothing in the record on appeal indicates the
Appellant’s employment situation has changed so as to qualify him as a resident of
the Commonwealth under KRS 61.870(10)(d).

In response to the Department’s argument, the Appellant claims he is a
resident under KRS 61.870(10)(f), and provides a statement from a resident of
Florence, Kentucky, purportedly authorizing the Appellant to request public records
on her behalf. However, the Act allows a public agency to require a statement, at the
time of the request, as to “the manner in which the requester is a resident of the
Commonwealth under KRS 61.870(10)(a) to (f).” KRS 61.876(4)(e)2. In the two
requests at issue, the Appellant claimed to be a resident of the Commonwealth only
under KRS 61.870(10)(d). Moreover, it is a matter of record that the Kentucky
resident who purportedly authorized the Appellant to request records on her behalf
has subsequently revoked that authorization. See 26-ORD-031. Accordingly, the
Department did not violate the Act when it allegedly denied portions of the
Appellant’s requests.

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. Daniel Woodie
Cody Stanley, Chief
Hon. Kathy Zembrodt
Julie Alig, Clerk
Daniel R. Braun, Esq.