24-ORD-236
November 8, 2024
In re: Bryan Brown/Lee Adjustment Center
Summary: The Office cannot find that the Lee Adjustment Center
(“the Center”) violated the Open Records Act (“the Act”) because the
Office cannot resolve the factual dispute between the requester and the
agency.
Open Records Decision
In a request allegedly submitted to the Center in late September 2024,1 inmate
Bryan Brown (“the Appellant”) sought “a copy of the document(s) that indicates [he
has] a pending murder charge out of Belize used as an Administrative Override E on
[his] August 27, 2024 classification form.” Having received no response to his request
by October 4, 2024, the Appellant initiated this appeal by mail on October 8, 2024.
Under KRS 61.880(1) and KRS 197.025(7), a correctional facility must respond
within five business days after receipt of a request for records. On appeal, the Center
asserts it did not receive the Appellant’s request until October 8, 2024, and provided
the requested records to him on the same date. A copy of the request form provided
by the Center shows both a “Received” date stamp and a disposition on October 8,
2024. Because the Office cannot adjudicate disputed issues of fact, such as when an
agency received a request to inspect records, the Office cannot find that the Center
violated the Act. See, e.g., 22-ORD-010.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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.
1
The Appellant’s copy of the request form bears a “Lee Adjustment Center Mailroom” stamp with
a partially illegible date that could be any date between September 20 and 29, 2024.Russell Coleman
Attorney General
/s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#407
Distribution:
Bryan Brown, #334637
G. Edward Henry, II, Esq.
Ms. Kristy Hale
Mr. Daniel Akers