24-ORD-170
July 30, 2024
In re: Uriah Pasha/Department of Corrections
Summary: The Department of Corrections (the “Department”) violated
the Open Records Act (“the Act”) when it did not issue a notice to the
requester containing the contact information of the Complex’s official
records custodian as required by KRS 61.872(4).
Open Records Decision
Inmate Uriah Pasha (“Appellant”) submitted a request to the Department for
a copy of his prescription “dietary menu.” The Appellant included an inmate money
transfer authorization form to cover the cost of copying the record plus postage. In a
timely response, the Department denied the request because the request did not
comply with Corrections Policy and Procedure (“CPP”) 6.1 C.(1), which requires the
Appellant to “provide a check from [his] inmate account after being informed of the
cost to obtain a copy of the record.” This appeal followed.
On appeal, the Department claims that it inadvertently cited CPP 6.1 C.(1)
instead of CPP 6.1 II.B.4. That policy requires an inmate to submit a request either
“by institutional mail to the coordinator” or “by first class U.S. mail to the coordinator
or custodian of the record.” But the Department does not specify with which policy
the Appellant failed to comply. See KRS 61.880(2)(c) (“The burden of proof in
sustaining the action shall rest with the agency.”). Regardless, the Office can only
assume the Appellant did not direct his request to the agency’s records custodian or
the custodian of the record.
KRS 61.872(4) requires an employee of any public agency to whom a request
was sent in error to notify the requestor and provide the correct contact information
for the agency’s records custodian. If an inmate submits a request to inspect records
to an employee other than the correctional facility’s official custodian of records, thecorrectional facility must notify the inmate of his or her error and provide the contact
information for the records custodian. KRS 61.872(4); see also 22-ORD-041 (finding
that a correctional complex violated the Act when it failed to notify the requester that
his request was sent to the wrong person). Here, the Department failed to notify the
Appellant that he sent his request to the wrong person or provide him with the
contact information for the Department’s official records custodian. Thus, the
Department’s response 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
#288
Distributed to:
Uriah Pasha #092028
Michelle Harrison
Ann Smith
Renee Day