Thomas Fox 3044 Bardstown Rd., Box 1149 Louisville, Kentucky 40205 tomwfox@gmail.com 502-442-8308 September 18, 2016 Open Records / Open Meetings decisions 700 Capitol Avenue, Suite 118 Frankfort, KY 40601 Re: Request for review of 9/7/16 Open Records Request to City of West Buechel and its 9/9/16 response : Pursuant to KRS 61.880, I am requesting the review of a response by the City of West Buechel to my Open Records Request of September 7, 2016. A copy of that Open Records request is attached. City Clerk-Treasurer Kim Richards responded in writing by a letter dated September 9, 2016. A copy of that letter is attached. Ms. Richards’ response to my Open Records request neither granted nor denied my request. The issue for review: Whether a public agency may unilaterally extend the time for an Open Records response. KRS 61.880(1) provides, in part, as follows: “Each public agency, upon any request for records made under KRS 61.870 to 61.884, shall determine within three (3) days, excepting Saturdays, Sundays, and legal holidays, after the receipt of any such request whether to comply with the request and shall notify in writing the person making the request, within the three (3) day period, of its decision.” Kentucky’s Open Records Act does not provide any exception to the three day time limit for an agency response. “Please allow up to and including October 3, 2016 to respond,” is no part of the statutory plan. Sincerely yours, Tom Fox Thomas Fox JD 3712 St. Francis Ave. Louisville, Kentucky 40218 tomwfox@gmail.com 502-442-8308 September 7, 2016 To: Kimberly R. Richards, Clerk-Treasurer City of West Buechel 3705 Bashford Avenue West Buechel, Kentucky 40218 DELIVERED BY Fax to 502-456-6928 & via emailed PDF attachment to r.richards@westbuechelky.gov, k.richards@westbuechelky.gov & brdlawfirm@gmail.com Re: Open Records Request – City Bank Records Dear Ms Richards: Since I will be spending some of my time in West Buechel City Hall examining the previously specifically requested City banking records, I’d like to take the opportunity to also examine all of the City’s bank records from January 1, 2015 to the date of my examination, whenever that may be. That is my request, in general. Show me everything. But, to be specific, I now request to examine and scan, at my option, each monthly account statement, every check and each deposit slip for the following City bank accounts: BB&T deposit accounts • • • • • • • • • xxx-4321 xxx-4356 xxx-4313 xxx-4119 xxx-4518 xxx-4828 xxx-4437 xxx-4836 xxx-2003 Payroll State Grant Municipal Road Aid Buechel Festival General Christmas Fund West Buechel Grant New General Fund Account (created 1-5-2015) Page 1 of 2 PNC deposit accounts xxx-1999 Explorer Post 790 Bank of New York Mellon (BNY Mellon) I do not know the account number for this, but it was created in 2012 as a conduit for loan proceeds from the $260,000 bond issued through the Kentucky Bond Corporation by the prior administration. This account had a balance of only a few thousand dollars when Richard Richards took office in January, 2015. Clearly, my examination of these bank records cannot be accomplished in just a few hours, or even in only one day. Find me an out of the way corner in City Hall to do my work and this process will not interfere with normal City business. These are not the type of files that are frequently in “active use,” except possibly when the City’s independent auditors may, someday, be at work. Sincerely yours, Thomas Fox CC: Mayor Rick Richards Brendan R. Daugherty, Esq Page 2 of 2 ?lm; [If g??ggf 331113311131 John Campbell CITY CLERK Tony Clark TREASURER 3705 BASHFORD AVENUE Loy Crawford Brenda Gerald-Singleton WES-I- KENTUCKY 40218 Brenda Moore Jame Moser Office: (502) 459-4400 Fax: (502) 456-6928 September 9, 2016 Mr. Tom Fox 8712 St. Francis Avenue Louisville, KY 40218 Dear Mr. ox: This letter is in response to your open records request of 09/07/2016. Due to the scope of the request, please allow up to and including October 3, 2016 to respond. Sincerely, Kim Richards City Clerk/Treasurer