AG can't resolve dispute over Park Hills records response
The Kentucky Attorney General's Office declined to find that the City of Park Hills violated the Open Records Act in a recent decision, citing an inability to resolve a factual dispute between the parties over whether a timely response was issued.
The office issued decision 26-ORD-040 on February 5, concluding it could not determine whether Daniel Woodie received a substantive response to his December 23, 2025, records requests within the legally required timeframe. Woodie claimed the city failed to respond within five business days of his request. The city subsequently produced a response dated January 5, 2026—which fell on the fifth business day—but Woodie asserted the document was "fabricated after the 5 days expired."
Under Kentucky's Open Records Act, public agencies must decide within five business days whether to grant a request or deny it, and notify the requester in writing of their decision. If records are in storage or otherwise unavailable, agencies may extend this deadline only if they immediately notify the applicant with a detailed explanation and the earliest date records will be available.
The city's December 23 acknowledgement, which stated the requests had been "forwarded to the city attorney," did not constitute a substantive response or provide the required explanation for delay, Woodie argued.
The Attorney General's office, which regularly hears appeals of denied or delayed open records requests, has noted that it routinely cannot resolve factual disputes between requesters and agencies, such as whether a response was actually received. The office therefore found itself unable to conclude the city violated the Act.
The decision marks another chapter in Woodie's ongoing battles to obtain public records. The Parks Hill Police Department violated the Act in a separate 2025 decision when it failed to respond to a Woodie request within five business days and improperly withheld records.
A party aggrieved by the Attorney General's decision may appeal to circuit court within 30 days. Park Hills, a home rule-class city in Kenton County with about 3,100 residents, is represented by Mayor Kathy Zembrodt.