25-ORD-026
January 30, 2025
In re: Jerry Eldridge/Little Sandy Correctional Complex
Summary: The Office lacks jurisdiction to consider a complaint alleging
that the Little Sandy Correctional Complex (“the Complex”) violated the
Open Records Act (“the Act”) because the Appellant has not submitted a
request to inspect records.
Open Records Decision
Inmate Jerry Eldridge (“Appellant”) submitted a request to the Complex that
certain videos that pertain to him “be saved.” The Complex denied his request under
KRS 197.025 and KRS 61.878(1)(l) because the requested records, if released, would
constitute a security threat to other inmates, the institution, or its staff. This appeal
followed.
Under KRS 61.880(2)(a), “[i]f a complaining party wishes the Attorney General
to review a public agency’s denial of a request to inspect a public record, the
complaining party shall forward to the Attorney General a copy of the written request
and a copy of the written response denying inspection” (emphasis added). Here, the
Appellant did not provide a “request to inspect a public record”; rather, he requested
that certain records be preserved. The Act does not require public agencies to grant
such requests. Rather, the Act requires only that public agencies produce public
records for inspection. See KRS 61.872(2)(a) (requiring a request to inspect records to
include, inter alia, a description of “the records to be inspected”). Accordingly, the
Office lacks jurisdiction to consider the Appellant’s complaint.
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/ Matthew Ray
Matthew Ray
Assistant Attorney General
#001
Distributed to:
Jerry Eldridge #278154
Michelle Harrison
Renee Day
Ann Smith