Coroner erred by not properly responding to Open Records request: AG opinion

LEXINGTON, Ky. (WTVQ) – The Fayette County Coroner’s Office erred when it didn’t properly respond to a man’s request for public records.

In an opinion filed Aug. 16 (coroner open records request), Attorney General Daniel Cameron said the office of Coroner Gary Ginn violated the state’s Open Records Act when it “failed to respond to respond in writing to a request submitted to it. The Coroner also subverted the intent of the Act by misdirecting” Joshua Powell, who made the requests.

Powell had filed a request June 22, 2021 requesting the the Coroner office’s policy and procedure manuals which were in use October 2017 as well as those currently in use.

Ginn responded three days later by leaving a voicemail that his office did not have the documents “on file:” and then sent an e-mail two weeks later repeating what was in the voice message and directing Powell to the Lexington-Fayette County Urban County Government.

That referral ended in another referral to the state and ultimately landed Powell back at Ginn’s doorstep, where he still didn’t get the information, according to the information included in Cameron’s opinion.