Request By:
Uriah M. Pasha, # 092028
Amanda Carter
Sonya Wright
Amy V. Barker
Opinion
Opinion By: Andy Beshear,Attorney General;Taylor Payne,Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Eastern Kentucky Correctional Complex (EKCC) violated the Open Records Act in its disposition of inmate Uriah Pasha's request for a copy of an "authorization document." We find that the inmate's request was a duplicative request that EKCC was not required to fulfill, and therefore EKCC did not violate the Open Records Act in its disposition of the request.
By request dated July 20, 2017, submitted to EKCC, Mr. Pasha sought a copy of the "authorization document used to use force against Uriah Pasha # 092028 July 4, 2017." Mr. Pasha previously made an open records request to EKCC on July 19, 2017, seeking the documents authorizing the use of force against him on July 4, 2017. See 17-ORD-167 1 (consolidated three appeals initiated by Mr. Pasha concerning requests for documents related to a July 4, 2017, incident). EKCC responded to Mr. Pasha that it did not possess any responsive documents. Id. However, on appeal, EKCC explained that it had subsequently located an email maintained at the central office of the Department of Corrections. EKCC provided that document to Mr. Pasha in lieu of directing him to the proper custodian in possession of that document. Id. As a result, we determined that the appeal was rendered moot. Id.
Here, Mr. Pasha submitted an open records request to EKCC on July 20, 2017, seeking the exact same documents he sought in his July 19, 2017, open records request to EKCC. EKCC responded that it did not possess any responsive documents. Mr. Pasha has filed this appeal alleging that EKCC is required to maintain the documents he seeks for twenty (20) years and requests this office to investigate the matter.
This office does not investigate the retention policies of an agency, or its compliance with those retention policies, through the mechanism of an open records appeal. KRS 61.880(2)(a) provides this office jurisdiction to review open records appeals and issue a written decision stating whether the agency violated provisions of KRS 61.870 to 61.884. That statute does not provide this office with the authority to conduct investigations into the policies of an agency. Issues of record retention should be addressed to the Kentucky Department for Libraries and Archives.
As far as Mr. Pasha's appeal invokes a claim under the Open Records Act, EKCC is not required to satisfy duplicative requests for the same records. See 15-ORD-023; 95-ORD-47. Mr. Pasha's July 20, 2017, open records request sought the same records as his July 19, 2017, request. EKCC was not required to satisfy the July 20, 2017, open records request, and so did not violate the Open Records Act in its disposition of that request.
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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes
1 Attached herein.