Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
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 Little Sandy Correctional Complex did not violate the Open Records Act in the disposition of Uriah Pasha's February 12, 2014, request for copies of memoranda relating to DR # :LSCC-2014-00168 which he submitted to the adjustment hearing supervisor on February 11, 2014, and the responses to the memoranda. LSCC mooted the issue on appeal as it relates to three of the memoranda Mr. Pasha sent to the adjustment hearing supervisor by providing him with copies of the memoranda after he initiated this appeal. 40 KAR 1:030 Section 6. 1 LSCC properly advised Mr. Pasha that the adjustment officer 2 did not receive a fourth memorandum and that no response to any of the memoranda was made. Having affirmatively advised Mr. Pasha that no records responsive to this portion of his request exist, LSCC discharged its duties under the Open Records Act. KRS 61.880(1). We therefore find no violation of the Act.
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:
Uriah Pasha, # 092028Beth HarperAmy V. Barker
Footnotes
Footnotes