Attorney General admonishes Laurel Sheriff for failure to respond to open records request

 The Kentucky Attorney General has ruled that the Laurel County Sheriff’s Department and Laurel County Attorney’s Office must provide Michael McQueen with documents pertaining to former detective and Laurel County Fire Chief Tommy Johnston’s charges of theft from the fire department, disciplinary department taken and termination from the sheriff’s department and fire department.

According to the order issued on November 26, McQueen sent the initial request on July 27.

When neither Sheriff John Root nor Laurel County Attorney Jody Albright responded, McQueen appealed to the attorney general. On October 20, the attorney general’s office issued a,” Notification to Agency of Receipt of Open Records Appeal,” to both offices, advising them of the appeal and notifying them that they had until October 28 to respond.

“As of this date no response has been received on behalf of the Sheriff’s Office nor has anyone requested an extension of time in which to provide a response,” the order states. “Neither of the Notifications was returned as being undeliverable,” “This inaction by the Sheriff’s Office constitutes a violation of KRS 61.880.”

Laurel County Sheriff John Root said that the sheriff’s office does not have the records McQueen has requested.

Johnston was not terminated from the fire department or the sheriff’s department. Rather he resigned in 2012.

Johnston was indicted by a Laurel County grand jury in January on one court of theft by unlawful taking of the value of $500 or more but less than $10,000 for allegedly using the fire department’s credit card to purchase personal items.

In October, Johnston entered an Alford plea on an amended charge of theft by unlawful taking of the value under $500.

An Alford plea means a defendant is not admitting guilt but recognizes that there may be sufficient evidence for a judge or jury to find the defendant guilty.

In return for the plea, Johnson received a one-year probated jail sentence, meaning he can avoid jail time if he remains out of legal trouble.

McQueen is currently serving a 32-year prison sentence at the Eastern Kentucky Correctional Complex in Morgan County following a 2010 murder conviction in Laurel County. Johnson was the lead investigator in the case.

The order goes on to state that the Sheriff’s Office must comply with the tenants of the Open Records Act regardless of who is making the request or the purpose for the request.

Kentucky Department of Corrections rules state that inmates may not receive telephone calls. An official at the Eastern Kentucky Facility said officials could no pass messages to inmates asking them to return calls when contacted about asking McQueen to return a call.

The attorney general noted that the Sheriff’s Office had three opportunities to provide the requested information, or respond as to why it couldn’t/wouldn’t do so.

“It is undisputed that the Sheriff’s Office has not issued a written response to Mr. McQueen’s request,” the order states. “A public agency is not permitted to elect a course of inaction.”

“Until the Sheriff’s Office performs these functions, it stands in violation of the Open Records Act,” the order states, adding that either McQueen or the Sheriff’s Office may appeal the decision to circuit court.