by Kendra Peek

The Kentucky Attorney General’s office has ruled the Danville Police Department took too long to respond to an open records request, but ultimately was correct in withholding some information.

According to the Attorney General’s ruling, the city had a right to withhold certain information from the file of then-Officer Ryan Hundley to Tyler Fryman, a man who requested the files on Jan. 5.

However, the city delayed too long in providing Fryman with a final response.

The AG’s office found “that the two-week extension of the statutory deadline for final agency response was not supported by the ‘particular facts presented.’”

Organizations have three business days to respond to an open records request. On Jan. 8, the city did respond to Fryman, but said it needed more time. The city told Fryman the final response would be issued on or before Jan. 22, according to the AG’s ruling.

On Jan. 21, the city agreed to provide copies of Hundley’s personnel records, including “citizen complaints and or final actions taken on any such complaint and any final disciplinary action (whether or not based upon a citizen complaint).”

The city denied access to “supporting documentation.” That included a cell phone video that was taken when Hundley allegedly boarded a Boyle County school bus in November to confront a student he believed was bullying his daughter.

The city’s denial of releasing the video based on it being supporting documentation was wrong, but during the AG investigation the police department argued the video “directly concerned and identified juveniles.” The AG’s office agreed that “disclosure would constitute a clearly unwarranted invasion of the juveniles’ personal privacy.”

However, “The circumstances warranting imposition of discipline are described in the Notice of Disciplinary Action,” according to the ruling.

The ruling also agreed with the city on withholding certain aspects of the file, such as personal phone number, home address, driver’s license number, date of birth (except year), all things relating to his or his family’s medical, health, dental and life insurance, and his retirement benefits.

The ruling did not agree that the city could withhold other information about Hundley, including dates of graduation and dates of employment in past jobs. The AG’s office ruled those pieces of information are subject to public inspection, because they reflect “relevant prior work experience, educational qualifications, and information regarding the employee’s ability to discharge the responsibilities of public employment.”

“With the exceptions noted above, we find that the city’s ultimate disposition of Mr. Fryman’s request was otherwise consistent with the Open Records Act,” the ruling reads.

The city or Fryman can appeal the decision, if they so choose, by initiating action in the circuit court.

Hundley was disciplined for the incident on the school bus.

In February, Hundley was involved in a two-vehicle wreck in which he admitted to deputies with the Boyle County Sheriff’s Office that he had been drinking prior to getting behind the wheel of his 2004 Ford Mustang. Hundley is currently under indictment on three charges related to the wreck. He resigned from the police department in March.