Request By:
Alonzo Chappell, # 132199
Northpoint Training Center
P. O. Box 479
Burgin, KY 40310
02-ORD-67Hon. M. Lee Turpin
Office of General Counsel
Department of Corrections 2439 Lawrenceburg Road
P. O. Box 2400
Frankfort, KY 40602-2400
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Ryan M. Halloran, Assistant Attorney General
Open Records Decision
This is an appeal under the Open Records law by Mr. Alonzo Chappell. Mr. Chappell made an Open Records Request dated January 30, 2002, directed to the Department of Corrections. He requested a copy of the "judgment-order of commitment (sic) on forgery charge". The request was received by the Offender Record Specialist, Northpoint Training Center on February 5, 2002. The Record Specialist responded to Mr. Chappell, in writing, by letter dated February 6, 2002, and informed him that the document he requested was not in his file. Mr. Chappell's appeal was received in this office on February 28, 2002. Notification of the receipt of the appeal by this office was distributed to the parties on February 28, 2002.
In his appeal, Mr. Chappell points out that the Department of Corrections should have a copy of the judgment he requests because KRS 431.215(1) requires the sheriff to deliver a copy of the judgment when the inmate is transported to the Department of Corrections. Corrections filed a response to the appeal by letter dated March 5, 2002, pointing out that the Record Specialist for Northpoint Training Center would not have a copy of the judgment regarding forgery because Mr. Chappell had already served his time for that and was now serving under a different inmate number on another charge. Corrections has now retrieved the document that Mr. Chappell requested on the forgery charge and transmitted it to him with their March 5, 2002 reply. Corrections also points out that Mr. Chappell filed his request with the wrong custodian. The record does not reflect to whom Mr. Chappell's request was directed. It merely reflects that the Record Specialist for Northpoint Training Center responded.
When a person requests a record from an agency, the Records Custodian has a duty to notify the person of the name and location of the correct custodian of the requested records. KRS 61.872(4). In the instant appeal there is no evidence in the record that the Records Specialist knew that there was another record within the agency under a different inmate number, that contained the requested document. There was no information in the request that indicated there was a prior conviction and incarceration. We cannot say, then, that the agency did not act in good faith. With regard to the sanctions requested by Mr. Chappell, this office has no authority. The power to impose penalties resides exclusively with the circuit court upon the filing of a legal action in accordance with KRS 61.882. Since Mr. Chappell has received the document he requested, we decide that this appeal is moot.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.