The Kentucky Attorney General found that the Franklin County Fiscal Court violated the state's Open Records Act in February 2026, but determined the agency ultimately provided all available records in response to a request from a landscaping company.

According to an open records decision released Feb. 10, Tracy's Landscaping Materials submitted a request on Dec. 31, 2025, for permit applications and records related to 525 Scruggs Lane in Frankfort from 2000 to present. The Fiscal Court provided responsive documents electronically on Jan. 9, 2026, but failed to include a required written response explaining whether certain records existed, the Attorney General found.

Kentucky's Open Records Act requires public agencies to determine within five business days whether to comply with a records request and notify the requester in writing of their decision. The Fiscal Court's failure to provide that written explanation initially constituted a violation of state law.

After the company filed an appeal on Jan. 13, the Fiscal Court remedied the violation by providing missing pages from permit documents and a P-card from the Franklin County Health Department on Jan. 14. The agency stated that other requested records, including email or fax communications about electrical service approvals, did not exist in its possession despite a diligent search.

"The Fiscal Court violated the Act by failing to affirmatively state in the agency's initial response whether certain records did or did not exist," the Attorney General's decision stated.

However, the Attorney General ruled that once the Fiscal Court provided all existing responsive records, the issue became moot. The decision upheld the agency's denial regarding nonexistent records, finding the company failed to provide sufficient evidence that such documents should exist.

The decision reinforces that Kentucky public agencies must provide clear written responses to records requests, even when the agency is simultaneously providing available documents. Parties aggrieved by the decision may appeal to Franklin County Circuit Court within 30 days.