24-ORD-244
November 21, 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”) because the Office
cannot resolve the factual dispute between the parties.
Open Records Decision
On August 21, 2024, Uriah Pasha (“Appellant”) submitted a request to the
Board seeking two copies of the recording from his August 21, 2024, parole eligibility
hearing. On October 25 and November 1, 2024, the Appellant initiated two identical
appeals claiming he had yet to receive a response from the Board.1
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 asserts it issued a timely response to the Appellant’s
request. As proof, the Board provides a copy of the Appellant’s request, dated August
21, 2024, and its timely response, dated August 27, 2024. The Board also provides a
copy of a subsequent request from the Appellant, which included a copy of the Board’s
August 27 response.
The Office has regularly found it is unable to resolve factual disputes between
a requester and an 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
1
Because the Appellant has raised the same issue in both appeals, i.e, timeliness, the Office has
consolidated them. See, e.g., 23-ORD-034; 22-ORD-167.cannot resolve the factual dispute between the parties or find that the Board violated
the Act.2
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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#428 & #445
Distributed to:
Uriah M. Pasha #092028
Seth E. Fawns
Angela D. Tolley
2
The Board further argues that the Appellant is attempting the circumvent the 20-day period in
which an inmate may seek the Office’s review. See KRS 197.025(3). However, even if the Office
accepted as true the Board’s assertion that it responded to the Appellant’s August 21 request, the
Office would lack jurisdiction to issue a decision because the Appellant did not include that request
when he submitted his appeal. See KRS 61.880(2)(a).