When a city has a valid reason for needing an extension to provide records, it is appropriate if the city justifies the delay in the
initial response within three days.
On June 30, 2016, Attorney General Andy Beshear issued an opinion
dealing with the issues of an appeal in In
re: Brook Ping/City of Somerset, 16-ORD-131.
Brook Ping submitted a request to the city of Somerset on
May 9 requesting construction permits and approvals for six projects. The
city received the request on May 13 and responded May 16.
The city replied it could not honor his
request on the third business day, but it would do so on June 8. Ping
appealed because of his immediate need for the records and the concern that the
city would use that time to make up the records.
The city explained to the attorney general's office it
was moving multiple departments from separate locations to a newly
constructed building. City employees were “essentially working out
of boxes.” The items requested by Ping were spread around the city with
various departments and likely in boxes ready for transport.
The city maintained that in light of the circumstances a
three-week extension was warranted, but if it could have, the city would have provided the documents initially.
Beshear found that the city complied with the statute, responding within three days and informing Ping the reason for the delay.
The opinion urged the city, and presumably any
other public agency, to provide details when it needs an extension of the three-day deadline.
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