24-ORD-009
January 17, 2024
In re: Uriah Pasha/Kentucky Parole Board
Summary: The Office cannot find that the Kentucky Parole Board (“the
Board”) violated the Open Records Act (“the Act”) when it did not
respond to a request to inspect records it claims it did not receive.
Open Records Decision
Uriah Pasha (“Appellant”) claims that, on December 1, 2023, he submitted a
request to the Board to obtain a copy of the Board’s policies and procedures.
Specifically, he sought KYPB 13-02, as “revised to include the language contained in
2020 Ky. [House Bill] 284.” Having received no response by December 19, 2023, the
Appellant initiated this appeal.
Upon receiving a request for records under the Act, a public agency “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). On appeal, the
Board claims it “has no record of receiving” the request.1 The Office has routinely
found it is unable to resolve factual disputes between the parties to an appeal under
KRS 61.880(2)(a), including disputes about whether the public agency received the
request. See, e.g., 23-ORD-071; 23-ORD-005; 22-ORD-216; 22-ORD-148; 22-ORD-125;
22-ORD-100; 22-ORD-051; 21-ORD-163. Accordingly, the Office cannot find that the
Board violated the Act when it did not respond to a request it claims it did not receive.
1
The Board also claims the Appellant failed to perfect his appeal because he did not provide a copy
of the Board’s response. However, a person may appeal an agency’s alleged failure to respond to a
request by providing the Office with a copy of the request. KRS 61.880(2)(a). Clearly, if the Board did
not receive the request, as it claims, then the Appellant would not have received a response to include
with his appeal.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.
Russell Coleman
Attorney General
/s/ Marc Manley
Marc Manley
Assistant Attorney General
#572
Distributed to:
Uriah Pasha #092028
Seth Fawns
Stephanie DeFrancesco
Angela Tolley