11-ORD-216
December 20, 2011
In re: Uriah Pasha/Kentucky State Reformatory
Summary: Decision adopting 11-ORD-177 and 11-ORD-181 and holding that Kentucky State Reformatory properly relied on KRS 197.025(1) in denying inmate’s third request for the same conflict sheet.
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Kentucky State Reformatory properly denied Uriah Pasha’s renewed request for a copy of “Officer Martha Mills’ conflict sheet against inmate Uriah Pasha #092028” on the basis of KRS 197.025(1), incorporated into the Open Records Act by KRS 61.878(1)(l). KSR may properly continue to rely on the cited “security” exception, notwithstanding the fact that Mr. Pasha is no longer incarcerated at KSR, if disclosure is deemed by the warden or his designee to constitute a continuing threat to security. Here, such a determination has been made and a supporting explanation provided. Accordingly, we find that 11-ORD-177 and 11-ORD-181, in which this office addressed KSR’s denial of the same request, are dispositive of the issue on appeal. Copies of those open records decisions are attached hereto and incorporated by reference. We affirm the facility’s denial of Mr. Pasha’s request and remind Mr. Pasha that if he is dissatisfied with the Attorney General’s disposition of his request for Officer Mills’ conflict sheet, his recourse lies in the courts, pursuant to KRS 61.880(5)(a), and not in the repeated submission of nearly identical open records requests.
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.
Jack Conway
Attorney General
Amye L. Bensenhaver
Assistant Attorney General
#414
Distributed to:
Uriah Pasha, #092028
Marc Abelove
Alea Amber Arnett