Opinion
Opinion By: Daniel Cameron,Attorney General;J. Marcus Jones,Assistant Attorney General
Open Records Decision
On January 31, 2020, Uriah Marquis Pasha ("Appellant") initiated this appeal alleging that the Complex failed to respond to a request he submitted, under the Act, on January 6, 2020. On appeal, the Complex responded it never received Appellant's request.
Under KRS 197.025(7), the Complex has five business days from the date of receipt of a request to respond. The public agency carries "[t]he burden of proof in sustaining the action[.]" Here, the Complex provided a written statement from its records custodian stating that she searched the pertinent files and could not locate a request form. The records custodian stated that she involved support staff and correctional officers from Appellant's housing unit in the search, but they could only locate an earlier December 2019 request from Appellant seeking video records. The records custodian reviewed Appellant's inmate spending account and found that no funds were withdrawn in the month of January for an open records request. The records custodian stated that she can make responsive records available upon receipt of a properly filed request form and payment.
The Complex has carried its burden of proof that it took no action because it never received the request. The Complex could not have violated the Act by failing to respond to a request it did not receive.
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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.