23-ORD-195
August 1, 2023
In re: Carlos Harris/Eastern Kentucky Correctional Complex
Summary: The Office cannot find that the Eastern Kentucky
Correctional Complex (the “Complex”) violated the Open Records Act
(“the Act”) because the Office cannot resolve the factual dispute between
the requester and the agency.
Open Records Decision
On May 19, 2023, inmate Carlos Harris (“Appellant”) submitted to the
Complex a request for records containing two subparts. The first sought all records
regarding his Parole Board hearing held March 19, 2019. The second sought all
criminal risk assessments used by the Parole Board during the hearing. On June 11,
2023, having received no response from the Complex, the Appellant resubmitted the
request.1 On June 27, 2023, the Appellant initiated this appeal claiming he did not
receive any response from the Complex.
When an agency receives a request under the Act, it “shall determine within
five (5) [business] days . . . after the receipt of any such request whether to comply
with the request and shall notify in writing the person making the request, within
the five (5) day period, of its decision.” KRS 61.880(1) (emphasis added).
Here, the Appellant claims he submitted a request for records to the Complex
on May 19, 2023, and again on June 11, 2023, but it did not respond to either request.
On appeal, the Complex states it did not respond to the Appellant’s requests because
1
As proof, the Appellant provided a mail log that shows the Appellant mailed something to the
Complex on June 12, 2023.it did not receive them.2 The Office has previously found that it is unable to resolve
factual disputes between a requester and agency, such as, whether an agency
received a request for records. See, e.g., 21-ORD-163. As a result, the Office cannot
find that the Complex violated the Act when it did not respond to a request it claims
to have not received.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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 proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#292
Distributed to:
Carlos Harris #143261
Amy V. Barker
Lydia C. Kendrick
Ann Smith
2
The Complex also provides what it describes as a “substantially different” request from the
Appellant, which was dated May 19, 2023. That request sought only records related to the hearing and
did not seek the criminal risk assessments. The Complex timely responded to that request, granted it,
and notified the Appellant that the responsive records would be provided upon receipt of $1.13 for the
copying fee. See KRS 61.872(3)(b) (permitting an agency to require prepayment of copying and mailing
fees before providing copies of records by mail).