25-ORD-065
March 17, 2025
In re: Kyle Thompson/Little Sandy Correctional Complex
Summary: The Office cannot find that the Little Sandy Correctional
Complex (“the Complex”) violated the Open Records Act (“the Act”)
because the Office cannot resolve the factual dispute between the parties
concerning receipt of a request for records.
Open Records Decision
On February 3, 2025, inmate Kyle Thompson (“the Appellant”) allegedly
submitted a request to the Complex for all “cash payment orders” he has “signed since
[his] incarceration.” Having received no response by February 12, 2025, the Appellant
initiated this appeal.
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. Here, the Appellant
claims the Complex failed to timely respond to his request. However, the Complex
states it did not receive the request before it received notice of this appeal on February
17, 2025. Because the Office cannot adjudicate disputed issues of fact, such as
whether an agency received a request to inspect records, the Office cannot find that
the Complex failed to respond in a timely manner. See, e.g., 22-ORD-010. Accordingly,
the Office cannot 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 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
#069
Distributed to:
Kyle Thompson, #248317
Michelle D. Harrison, Esq.
Ms. Renee Day
Ms. Ann Smith