Unlocking Public Records: A Comprehensive Guide to the Kentucky Open Records Act (KORA)

Somerset, Kentucky (SPA) — In response to the many requests and inquiries we have received about Open Records Requests in Kentucky, we have compiled the following information for those with an interest. The Kentucky Open Records Act (KORA), codified in the Kentucky Revised Statutes (KRS) 61.870–61.884, is the state's primary freedom of information law. Enacted in 1976, its primary purpose is to ensure government transparency and accountability by providing citizens with access to public agency records.

The law begins with a clear presumption: "All public records shall be open for inspection by any resident of the Commonwealth... except as otherwise provided by KRS 61.870 to 61.884." The following details how to use the Act, outlines common exemptions, and highlights current trends and common questions.

Who Can Request Records?

This is one of the most critical and recently changed aspects of the law. Access to public records under KORA is not universal; it is limited to "Residents of the Commonwealth."

Under KRS 61.870(10), a "resident" is defined as:

• An individual residing in Kentucky.
• A domestic business entity (like an LLC or corporation) with a location in Kentucky.
• A foreign business entity registered with the Kentucky Secretary of State.
• An individual who is employed and works at a location within Kentucky.
• A news-gathering organization (as defined in KRS 189.635).
• Out-of-state individuals or entities who do not meet these criteria are not entitled to use KORA.

What is a "Public Record"?

The Act defines "public record" in extremely broad terms. It includes:

"all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency."

This definition covers virtually every format, including:

• Electronic Records: Emails, text messages, and databases.
• Social Media: Content on an agency's official social media accounts.
• Audio/Video: Body camera footage, surveillance videos, and 911 recordings.

A record does not have to be in a final "official" file to be a public record. If it was prepared or used by a public agency, it qualifies.

Step-by-Step Guide to Filing a Request

The process is designed to be straightforward, but precision is key.

• Step 1: Identify the Correct Agency
  You must send your request to the public agency that holds the records. A request sent to the wrong agency (e.g., asking the Governor's Office for city police records) will be denied.
• Step 2: Find the "Official Custodian of Records"
  Every public agency must designate an "Official Custodian" to handle KORA requests. This person's contact information is typically available on the agency's website. If you cannot find it, address your request to the agency's head (e.g., "Mayor," "Superintendent," or "Commissioner").
• Step 3: Write Your Request
  Your request must be in writing and can be delivered by mail, fax, email, or hand delivery.

Your written request must include:

  A Clear Description: Be as specific as possible.

 Weak Request: "All emails from the police chief." (Likely to be denied as overly broad or "unreasonably burdensome").

Strong Request: "All emails sent or received by Police Chief Jane Doe regarding the purchase of new tasers between June 1, 2025, and June 30, 2025."

1.  Your Name and Contact Information: Include your mailing address and/or email.
2.  Residency Statement: You must include a statement certifying that you are a "resident of the Commonwealth" as defined by the statute.
3.  Commercial Purpose Statement: You must state whether the records are for a commercial or noncommercial purpose. This affects the potential cost.
4.  Your Signature: The request must be signed.
5.  Note: While agencies may provide an optional form (like the OAG-01 form ), you are not required to use it as long as your written request contains all the elements necessary.

The Agency's Responsibility: Timelines and Responses

Once your request is received, the agency has a specific timeline.

The 5-Day Rule
The agency must provide a written response within five (5) business days (this excludes weekends and legal holidays). This was permanently changed from three days in 2021.

Types of Responses
The agency's 5-day response must do one of the following:

• Grant the Request: State that the records are available and provide instructions on how to inspect them or receive copies.
• Deny the Request: If the request is denied, the agency must cite the specific statutory exemption (from KRS 61.878) that allows it to withhold the record(s) and provide a brief explanation of how that exemption applies.
• Delay the Request: If the agency cannot provide the records within five days (e.g., they are in storage or are voluminous), it must send a written response stating this. This response must include a detailed explanation for the delay and set the "earliest date" on which the records will be available.
• Important: A failure to respond in five days is considered a procedural denial and can be appealed.

Understanding Costs and Fees

1. Agencies can charge a "reasonable fee" for copies.

2. Noncommercial Use: The fee cannot exceed the actual cost of reproduction, not including staff time. The standard, widely accepted fee is $0.10 per page for standard copies. They can also charge for the cost of media (e.g., a CD or USB flash drive).

3. Commercial Use: If you state your request is for a commercial purpose, the agency can charge for staff time spent locating, reviewing, and redacting the records, in addition to the copying fee

4. Agencies can (and often do) require payment in advance.

Common Reasons for Denial: Key Exemptions (KRS 61.878)
An agency may deny a request only if the record falls within one of the specific exemptions listed in KRS 61.878. While there are several, these are the most commonly cited:

1. (a) Personal Privacy: Records containing "information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy." This is a balancing test. It often contains personal medical information, Social Security numbers, and portions of personnel files.
2. (h) Law Enforcement: Records compiled by law enforcement that, if disclosed, would harm an agency (e.g., reveal informants, compromise an ongoing investigation, or disclose investigative techniques). See "Current Trends" below for a significant update.
3. (i) & (j) Preliminary Records: This is the "deliberative process" exemption. It covers preliminary drafts, notes, and correspondence within an agency (or between public agencies) that are not part of a final agency action. The purpose is to allow public officials to "think in writing" without every draft becoming public.
4. (c) Trade Secrets: Records that are confidentially disclosed and contain commercially valuable plans, formulas, or processes.
5. (l) Public Safety & Security: Records that, if disclosed, could expose vulnerabilities, such as detailed building schematics, IT security plans, or specific emergency response protocols.

How to Appeal a Denial

If your request is denied (or if the agency fails to respond in 5 business days), you have two options.

1.  Appeal to the Attorney General (OAG). This is the most common, fastest, and least expensive option.
2. You must send a written appeal to the Attorney General's Office.
3. Your appeal must include: A copy of your original written KORA request.
4. A copy of the agency's written denial (if you received one).
5. A brief letter stating that you are appealing the agency's decision.
6. The OAG will review the appeal, ask the agency for justification, and issue a legally binding opinion. This process typically takes several weeks.