24-ORD-264
December 9, 2024
In re: Delbert Harper/Roederer Correctional Complex
Summary: The Office cannot find the Roederer Correctional Complex
(“the Complex”) violated the Open Records Act (“the Act”) because the
Office cannot resolve the factual dispute between the parties.
Open Records Decision
On September 16, 2024, Delbert Harper (“Appellant”) submitted a request to
the Complex seeking a copy of the “arrival property sheet” from the date he arrived
at the Complex. On November 1, 2024, the Appellant initiated this appeal, claiming
he had yet to receive a response from the Complex.
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 Complex asserts it issued a timely response to the Appellant’s
request. As proof, the Complex provides a copy of the Appellant’s request, stamped
“received” on October 28, 2024, and its undated response, which it states was mailed
on October 30, 2024. 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 cannot resolve the factual dispute between the parties or find that
the Complex 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 inany 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
#460
Distributed to:
Delbert M. Harper #174671
Michelle Harrison, Executive Advisor, Justice and Public Safety Cabinet
Renee Day, Paralegal, Justice and Public Safety Cabinet
Ann Smith, Executive Staff Advisor, Justice and Public Safety Cabinet