Kentucky Attorney General open records officials ruled May 1 that while the City of Newport properly rejected a residency claim from Chad Schmidt, the city violated the Kentucky Open Records Act by refusing to provide him with public records about his own case.

The decision, 26-ORD-186, addresses a dispute stemming from Schmidt's requests for documents related to a criminal trespassing citation, including body-worn camera recordings and paperwork from Newport on the Levee.

Schmidt listed a Newport post office address as his residence and declared himself "a licensed citizen of Kentucky." The City of Newport rejected both requests, contending he failed to qualify as a bona fide Kentucky resident. The Attorney General's office agreed on that point — merely being a licensed citizen does not satisfy the state's residency requirements, which require specific connections like living, working, or owning property in Kentucky.

However, the ruling found a critical exception. Under Kentucky law, any person — regardless of residency status — can access public records about themselves by presenting proper identification. Since the records directly related to Schmidt, the Attorney General determined he had the right to obtain them even though he failed the residency test.

Regarding body camera footage specifically, the ruling noted that Kentucky law allows people directly involved in recorded incidents to view footage on agency premises, though agencies need not provide copies under most circumstances. The decision concluded that Newport must allow Schmidt to view the body-worn camera recordings at the police department, with unlimited viewing sessions.

The decision clarifies that Kentucky's residency requirement for open records requests has limits. Since 2021, only Kentucky residents can broadly access public records. But the 1976 provision allowing any person to inspect records about themselves remains in force, creating a pathway for nonresidents to obtain personal information despite residency restrictions.