Open Records Requests

OPEN RECORDS POLICY

Kentucky’s Open Records Act of 1976, outlined in KRS 61.870 to KRS 61.884 provides the examination of a public entity’s records.  All of a public entity’s records are presumed to be available to the public. Certain exceptions may apply to the disclosure of those records. Kentucky State University shall promptly release requested records that is not confidential by law (either constitutional, statutory, or by judicial decision), or information for which an exception to disclosure has not been sought.

OPEN RECORDS PROCEDURES

Pursuant to KRS 61.876, Kentucky State’s Open Records Procedures are as follows:

  1. All requests to inspect public records must be made in writing via U.S. Mail, e-mail, or facsimile, or via hand-delivery, to the following:

Records Custodian

Kentucky State University

400 East Main Street

ASB, Room 539

Frankfort, KY 40601

general.counsel@kysu.edu

  1. The request should include, but is not limited to the following:
  • A legible name of the requesting party;
  • Contact information/mailing address of the requestor;
  • A statement that the requestor is a Resident of the Commonwealth as prescribed by KRS 61.870(10), including the manner in which the requestor is a resident;
  • A description of the requested records;
  • (If applicable) A statement of commercial purpose; and
  • The signature of the requesting party.
  1. Kentucky State has five (5) business days to respond to records requests [61.872(5)]. The time begins to run the next business day after the request is received by the Records Custodian. Any requests received outside of normal business hours will be considered received on the following business day.
  2. Kentucky State’s normal business hours are 8:00 AM - 4:30 PM EST, Monday through Friday, excluding holidays.
  3. Kentucky State may require a requester to conduct an on-site inspection, before receiving copies if the requester resides or has his/her principal place of business in the county where the records are located and/or if he or she fails to precisely describe the records. While not required, an appointment to inspect records in person is suggested.
  4. KRS 61.874(3) allows a public agency to charge “a reasonable fee for making copies of nonexempt public records requested for use for noncommercial purposes.” As such, Kentucky State charges $0.10 per photocopy. For records that are mailed, Kentucky State will charge postage, and reserves the right to require advanced payment, in accordance with KRS 61.874(1). Kentucky State reserves the right to charge for “the costs of the media and any mechanical processing cost incurred by the public agency,” as prescribed in KRS 61.874(3). Alternatively, the records may be inspected in person upon request.
  5. Records request of a commercial purpose shall be charged according to the provisions of KRS 874(4). Additionally, per KRS 61.874(4)(b), Kentucky State shall require a certified statement from the requestor stating the commercial purpose for which it shall be used. Commercial purpose certificate
  6. Payments for records must be made in advance by cash or check/money order made payable to Kentucky State. For cash payments, Kentucky State requests notice to ensure that appropriate change is available. 
  7. Some public records are exempt from release. The exemptions can be found in KRS 61.878(1). Non-public or exempt information may be redacted from copies of otherwise non-exempt public records provided.
  8. The Open Records Act, and all applicable statues, can be found on the Legislative Research Commission’s website at lrc.ky.gov or can be provided by the Records Custodian upon request. The University’s General Counsel serves as the Records Custodian. The General Counsel’s contact information is as follows:

General Counsel/Records Custodian

400 East Main Street

ASB, Room 539

Frankfort, KY 40601

general.counsel@kysu.edu