Open Records - FAQ
What if I receive an open records request?
All open records request should be forwarded immediately to the Office of Legal Counsel. Kentucky law mandates that the University must respond to requests for record within three (3) days of receipt. “Receipt” is from the date you or your office receives the request, not from the date when the Office of Legal Counsel receives it. Therefore, it is imperative that you notify the legal office as soon as you receive a request for records so we can review the matter and respond in a timely manner. The legal office, on behalf of the official University records custodian, is responsible for determining whether the request is proper and whether any legal exemptions are applicable. The legal office is also responsible for gathering the requested documents and then either arranging a time for inspection of the documents or for making copies available to the requestor. The official University records custodian is Bill Swinford, Chief of Staff, Office of the President.
Please send record requests, or questions about open records, to:
301 Main Building
Lexington, Kentucky 40506-0032
Phone: (859) 257-6366
Fax: (859) 323-1062
What do I do if I receive a legal document such as a subpoena, summons, or court order?
You should contact the Office of Legal Counsel immediately, unless your unit has a specific procedure in place for handling subpoenas. Examples of such units are the University of Kentucky Hospital and the Kentucky Clinic Medical Records Departments. By law, the University must respond to subpoenas, summons, and court orders within a specified time period after you receive the court document. Therefore, it is imperative that you notify the Office of Legal Counsel as soon as you are served, so we can review the matter and respond in a timely manner. We will review the document to determine the University’s rights and responsibilities for compliance.
If someone appears with a subpoena, summons, court order, or other legal document call the Office of Legal Counsel immediately, (859) 257-2936, and ask to speak to an attorney. If you receive the legal document via regular or certified mail:
- Note the date and time of receipt on the envelope and keep the envelope and certified mail receipt.
- Immediately fax to (859) 323-1062, or personally deliver all of the documents that you received to the Office of Legal Counsel as soon as possible, because a limited time frame exists for responding to most legal notices.
- Keep the contents of the documents confidential.
If you receive a subpoena that involves a request for medical records, please contact:
The University of Kentucky, Medical Records Department
The Kentucky Clinic Medical Records Department
If you are a physician or staff in the medical center, and the subpoena requests your appearance for a deposition or testimony at a civil or criminal trial and you believe you need assistance, please contact the Office of Legal Counsel at (859) 323-1161. For all other subpoenas, or if you have questions about a subpoena you receive, please contact Amy Spagnuolo, Office of Legal Counsel, at (859) 257-6366.
What do I do if I receive a request for an interview from a government official, outside attorney, or other third party?
You should contact the Office of Legal Counsel, who can advise you on how to respond.
What if I receive a request for an interview from a representative of the media (television, radio, or newspaper)?
You should contact the University’s Office of Public Relations at (859) 257-3303; or, if you are employed in the medical center, call the Office of Public Relations at (859) 323-6363.