Opinion
Opinion By: Gregory D. Stumbo, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the Eastern Kentucky Correctional Complex (EKCC) relative to the open records request of James Keith Turner violated the Open Records Act. For the reasons that follow, we are unable to resolve the factual issue as to whether EKCC received Mr. Turner's request and suggest that he resubmit his request, if he has not already done so, in order that the agency may respond to his request, as required by KRS 61.880(1).
In his October 23, 2004 letter of appeal to this office, along with attachments, Mr. Turner contended, among other things, that the EKCC had denied him access to medical records requested by him on October 21, 2004.
After receipt of Notification and a copy of the letter of appeal, Emily Dennis, Staff Attorney, Department of Corrections, Justice and Public Safety Cabinet, by letter dated November 10, 2004, provided this office with a response to the issues raised in the appeal. In her response, Ms. Dennis advised that after receipt of Mr. Turner's appeal, she was contacted by Tammie Williams, Offender Information Specialist, EKCC. Ms. Williams stated that upon review of the log sheet maintained for open records requests received by EKCC that there was no record of receipt of Mr. Turner's request.
In his letter of appeal and in a reply letter to this office, Mr. Turner argues he submitted the October 21, 2004 request. In its response, EKCC states that it had never received the request and that if Mr. Turner wants copies of the medical records maintained by EKCC, he must submit his request to the EKCC open records coordinator in compliance with 502 KAR 6:020, Corrections Policy and Procedure (CPP) 6.1.
Regarding disagreements of this nature between a requester and a public agency, this office, in OAG 89-81, stated:
This office cannot, with the information currently available, adjudicate a dispute regarding a disparity, if any, between records for which inspection has already been permitted, and those sought but not provided. Indeed, such is not the role of this office under open records provisions. It seems clear that you have permitted inspection of some records [the requester] asked to inspect, and that copies of some records have been provided. Hopefully any dispute regarding the records here involved can be worked out through patient consultation and cooperation between the parties.
Insufficient information is presented in this appeal for this office to resolve the factual dispute concerning the actual delivery and receipt of Mr. Turner's open records request. Accordingly, if he has not already done so, Mr. Turner may wish to resubmit his request to the EKCC open records coordinator, so that it may properly respond to his request, as required by KRS 61.880(1).
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Distributed to:
James Keith Turner, #169999Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41372
T. A. WilliamsEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41372
Emily DennisJustice and Public Safety CabinetDept. of Corrections Office of General Counsel2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400