24-ORD-117
May 9, 2024
In re: Glenn Odom/Kentucky Department of Corrections
Summary: The Office cannot find that the Kentucky Department of
Corrections (the “Department”) violated the Open Records Act (“the
Act”) because the Office cannot resolve the factual dispute between the
parties.
Open Records Decision
On March 25, 2024, inmate Glenn Odom (“Appellant”) submitted a request to
the Department for “a copy of the reasons” why he was “placed on Grievance
Restriction.” On April 11, 2024, the Appellant initiated this appeal claiming he had
yet to receive a response from the Department.
On appeal, the Department asserts that it issued a timely response to the
Appellant’s request. As proof, the Department provides a nearly exact copy of the
request it received from the Appellant, dated March 25, 2024, and its timely response
to that request.1 The Office has previously found that it is unable to resolve factual
disputes between a requester and a public agency, such as whether a requester
received an agency’s response to his request. See, e.g., 23-ORD-220; 21-ORD-233.
Accordingly, here, the Office cannot resolve the factual dispute between the parties
or find that the Department violated the Act.
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
1
The Department seemingly explains why the Appellant is on “restriction” in its response.any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ Matthew Ray
Matthew Ray
Assistant Attorney General
#200
Distributed to:
Glenn Odom#219489
Michelle Harrison
Ann Smith
Renee Day