24-ORD-125
May 16, 2024
In re: Uriah M. Pasha/Kentucky Parole Board
Summary: The Office is unable to find that the Kentucky Parole Board
(the “Board”) violated the Open Records Act (“the Act”) because the
Office is unable to resolve the factual dispute between the parties.
Open Records Decision
Inmate Uriah M. Pasha (“Appellant”) claims that on March 26, 2024, he
submitted a request to the Board for “a copy of the Kentucky Parole Board Policies
and Procedures Manual including KYPD 11-00, and the sanctions for Associating
with A Convicted Felon.”1 On April 22, 2024, the Appellant initiated this appeal,
claiming he had yet to receive a response from the Board to his request.
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). 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-337; 23-ORD-220.
Here, the Appellant claims that he submitted a request to the Board on March
26, 2024, and that it did not respond to his request. On appeal, the Board asserts it
did not receive the Appellant’s request until April 11, 2024. It then issued a timely
1
As proof that he mailed the request, the Appellant provides an accounting statement from his
inmate account documenting a “Check Written against Inmate” in the amount of $20.00, which he
claims he provided to the Board as prepayment for “copy fees” and “postage” for the requested records.response on April 16, 2024.2 The Office is unable to resolve the factual dispute
between the parties about whether the Appellant received the Board’s response to his
request or find that it 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
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
#217
Distributed to:
Uriah M. Pasha #092028
Angela D. Tolley
2
On appeal, the Board provides a stamped copy of the Appellant’s request showing it was received
on April 11, 2024, and its response to the request, dated April 16, 2024. The Board granted the
Appellant’s request, but stated the copying fee would be $7.20, but asked the Appellant to provide
payment for the exact amount and returned his “$20.00 money order.”