Request By:
Danny S. Shelley, # 165195Mike Harris, Jailer
Pulaski County Detention Center
300 Hail Knob Rd.
Somerset, KY 42503William Thompson
Pulaski County Attorney
104 West Columbia
P. O. Box 5
Somerset, KY 42502
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 Pulaski County Detention Center relative to the open record request of Danny S. Shelley for copies of records related to him spanning from April 12, 2002, through October 4, 2007, for copies of "12654 visitor's logs, L2678 inmate phone calls, L2750 inmate medical folder, L2747 transportation log, L1751 inmate record folder, L5220 video audio recordings, L5221 video log, " violated the Open Records Act. Because the Detention Center has provided Mr. Shelley with access to certain records he requested, we conclude the issue as to those records is moot and no decision will be rendered as to them. 40 KAR 1:030, Section 6.
After receipt of notification of the appeal, the Detention Center provided this office with a response to the issues on appeal. In his response, Mike Harris, Jailer, advised that the Detention Center had mailed copies of Mr. Shelley's jail file as well as his medication history and that Mr. Shelley's mother had confirmed that he received this packet of information. Mr. Harris also enclosed his response letter to Mr. Shelley, in which he advised:
Enclosed are copies of your Pulaski County Detention Center file that you requested. You have not been in our facility since 3/3/2003. We do not have inmate phone files nor do we have audio/ video tapes from that long ago. I have included your inmate questionnaire from your original booking and the record of your medications that you were taking while you were here.
Pursuant to 40 KAR 1:030, Section 6: "If requested documents are made available to the complaining party after a complaint is made, the Attorney General shall decline to issue a decision in the matter." 04-ORD-106. Since the Detention Center has provided Mr. Shelley with some records responsive to his request, we conclude that the appeal as to access to those records is moot and no decision will be rendered as to them.
The Detention Center advised Mr. Shelley that it no longer had copies of the requested inmate phone files or audio/ video tapes relating to him from as long ago as 3/3/2003 when he had last been in the Detention Center. However, certain records may have been properly destroyed under applicable Records and Retention schedules established by the State Archives and Records Commission. The Disposition Instructions of the Records Retention Schedule - Jailer , for the following records provide:Series No.Record TitleRetain atDispositionAgency (Years)InstructionsL2678Inmate Phone Calls6 monthsDestroyL5220Video/Audio Recordings2 yearsDestroy if noInmate related recordingslitigation isPending.L5221Video Log1 yearDestroy - whenAudio/VideoRecordingsaredestroyed.
Given the time frame of Mr. Shelley's request, October 4, 2007, and the fact that he had not been in the Detention Center since March 3, 2003, any records falling into these categories could have already been properly destroyed.
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.