How to File a Public Records Request in Elizabethtown, Kentucky

What Is the Kentucky Open Records Act?

The Kentucky Open Records Act (KORA), codified at KRS §§ 61.870–61.884 and enacted by the General Assembly in 1976, establishes a fundamental right of public access to government records across the Commonwealth. The Act applies to every public agency, including city and county governing bodies, school boards, and municipal corporations like the City of Elizabethtown.

Under KRS § 61.870(2), a 'public record' includes virtually every document — paper or electronic — that is prepared, owned, used, possessed, or retained by a public agency. This encompasses city council meeting minutes, ordinances, contracts, permits, budget documents, emails sent or received by city employees in their official capacity, inspection reports, and law enforcement logs, among many others.

The Act contains up to 16 specific exemptions — including personal privacy, attorney-client privilege, ongoing law enforcement investigations, and preliminary drafts not adopted as final policy — but these exemptions must be strictly construed in favor of disclosure. The burden of proof rests with the agency to demonstrate that any withheld record falls within a recognized exemption, not with the requester to prove it should be disclosed.

Read the full text of the Kentucky Open Records Act (Kentucky Revised Statutes §§ 61.870–61.884)

How to File a Public Records Request with the City of Elizabethtown

How to Submit Your Request

The City of Elizabethtown accepts Open Records requests through the City Clerk's Office. The city provides an Open Record Request Form on its administrative department page, which you should download, complete, and submit. You may deliver the completed form in person to the City Clerk's Office on the 3rd floor of City Hall at 200 West Dixie Avenue during regular business hours, or you may email it directly to City Clerk Jessica Graham at jessica.graham@elizabethtownky.gov. Requests may also be mailed to the address above. While a specific form is available and recommended, Kentucky law does not require you to use a form — a written request describing the records you seek is sufficient. Be as specific as possible about the records you want to minimize delays.

Download Required Form

What to Include in Your Request

• Your full name and mailing or email address
• A clear, specific description of the records you are requesting (document type, subject, date range)
• Your preferred format for receiving records (paper copies, electronic files, or inspection in person)
• A request that the agency notify you in advance if fees will exceed a certain dollar amount (e.g., $25)
• Whether you are requesting for a commercial or non-commercial purpose (agencies may ask)
• A reference to the Kentucky Open Records Act, KRS §§ 61.870–61.884
• A phone number or email where the Clerk can reach you with questions

Response Deadlines and What to Expect

Under KRS § 61.880(1), each public agency — including the City of Elizabethtown — must determine whether to comply with an Open Records request within five business days (excluding Saturdays, Sundays, and legal holidays) of receiving the request, and must notify the requester in writing of its decision within that same period.

A 'response' under the Act means a written decision to comply, deny, or indicate that records are not immediately available. If records are in active use, in storage, or otherwise temporarily unavailable, the custodian must immediately notify the requester and designate a specific date — no more than five additional days out — when the records will be available for inspection, unless a detailed explanation for a longer delay is provided along with the earliest anticipated date of availability (KRS § 61.872(5)).

A denial must identify the specific statutory exemption under KRS § 61.878 that justifies withholding and briefly explain how it applies to the requested record.

Regarding fees, agencies may charge for reproduction at actual cost. Many Kentucky municipalities charge approximately $0.10 per page for standard paper copies. The City of Elizabethtown has not published a separate fee schedule online; contact the City Clerk's Office directly for current per-page rates before large requests are reproduced.

What to Do If Your Request Is Denied or Delayed

Receiving a denial — or hearing nothing at all — can be frustrating, but the Kentucky Open Records Act gives you clear tools to push back.

Common reasons an agency may deny a request include: the records fall within one of the 16 exemptions in KRS § 61.878 (such as personal privacy, attorney-client privilege, or active law enforcement investigations); the request is alleged to be unreasonably burdensome under KRS § 61.872(6); or the records simply do not exist. Silence — no response within five business days — is itself a violation of the Act and grounds for appeal.

The most common first step is to contact the City Clerk's Office informally to ask about the status of your request or to clarify what records exist. A simple follow-up phone call or email often resolves delays before they become formal disputes.

If the denial stands, you have two parallel paths: appeal to the Kentucky Attorney General under KRS § 61.880(2), or file a lawsuit directly in Hardin County Circuit Court under KRS § 61.882. You do not have to exhaust the AG process before going to court. In an AG appeal, the agency bears the burden of proving its denial was justified, and the AG issues a binding decision within 20 business days. Either party may then appeal that decision to Circuit Court within 30 days.

If you ultimately prevail in court, attorney fees and costs may be awarded — but only if the court finds the agency willfully withheld the records (KRS § 61.882(5)). Courts also have discretion to award up to $25 per day the requester was wrongfully denied access.

Steps to Appeal

1. Follow up informally: Contact City Clerk Jessica Graham at (270) 763-4202 or jessica.graham@elizabethtownky.gov to ask about the status of your request or to clarify any issues with your submission.
2. Review the denial letter: If denied, confirm that the agency cited a specific exemption under KRS § 61.878 and briefly explained its application. A vague or conclusory denial does not satisfy the agency's burden.
3. Appeal to the Kentucky Attorney General: Under KRS § 61.880(2), forward a copy of your original request, the agency's written denial, and a brief explanation of your appeal to the AG's Office. The AG will notify the city, review the dispute, and issue a binding decision within 20 business days.
4. Await the AG's decision: The AG's decision has the force of law if neither party appeals it to Circuit Court within 30 days of issuance.
5. File in Hardin County Circuit Court: Under KRS § 61.882, you may bypass the AG process entirely and file a petition directly in Circuit Court, or appeal the AG's decision to Circuit Court within 30 days. The burden of proof remains on the agency.
6. Seek attorney fees: If you prevail in court and the court finds the City willfully withheld the records, request attorney fees, costs, and up to $25 per day of wrongful denial under KRS § 61.882(5).
7. Consult the AG's Open Records Decisions database: The Kentucky Open Government Coalition's Sunshine Law Library (kyopengov.org) contains all AG open records decisions dating back to 1977, which can help you build the argument for your appeal.

Types of Records You Can Request from Elizabethtown, Kentucky

As a municipal government, the City of Elizabethtown generates and maintains a broad range of public records. Below are common categories residents, journalists, researchers, and businesses request from city government.

• City Council meeting minutes, agendas, and resolutions
• City ordinances and adopted codes
• City budget documents, financial statements, and expenditure reports
• Contracts, agreements, and vendor bids involving the city
• Building permits, zoning applications, and inspection reports
• City employee salary and compensation records
• Police incident and offense reports (subject to law enforcement exemptions)
• Code enforcement complaints and violation notices
• Economic development incentive agreements and correspondence
• Capital improvement project plans and engineering reports
• City-owned property records and real estate transactions
• Grant applications and awards received by the city
• City attorney correspondence that is not attorney-client privileged
• Requests for proposals (RFPs) and responses received by the city
• Environmental permits and compliance records for city facilities

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Elizabethtown to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Elizabethtown