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 Act by Mr. Aaron Rivers. Mr. Rivers requested correspondence and attachments between himself and the Program Administrator of adult institutions for the Department of Corrections from July 1, 2000 to "the present", which would have been January 21, 2002, the time of his request. Mr. Rivers sent the request by certified mail on February 19, 2002. Corrections received the request on February 22, 2002. Mr. Rivers contends in his appeal that he never received a response. Corrections points out that it received a prior and identical Open Records Request on February 11, 2002. By letter dated February 13, 2002, the Program Administrator responded to the request by notifying Mr. Rivers that the records he requested would be sent upon receipt of copying and postage costs. Mr. Rivers then sent a money order to Offender Information Services that was received in the office of the Program Administrator on February 26, 2002. By letter dated March 4, 2002, the Program Administrator sent the requested documents to Mr. Rivers. In his appeal Mr. Rivers states that he had received no "answer" from Corrections as of March 6, 2002. Because the letter transmitting the documents from Corrections was dated March 4, 2002, and Mr. Rivers' appeal was prepared on March 6, 2002, the appeal may have been sent before Mr. Rivers received the documents. If by "answer", Mr. Rivers meant that he did not receive the documents, or he had not received the documents by March 6, 2002, he may have been correct. Since the first request received by Corrections was on February 11, 2002, and Corrections responded within two (2) days notifying Mr. Rivers that he could have the documents on payment of the appropriate fee, we find that Corrections met its duty under the Open Records law. Because Mr. Rivers received the requested documents attached to the March 4, 2002 letter from Corrections, we find 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.
Aaron Rivers, 283728Wallens Ridge State PrisonP. O. Box 759Big Stone Gap, VA 24219
Hon. William R. Lundy, Jr.Office of General CounselDepartment of Corrections2439 Lawrenceburg RoadP. O. Box 2400Frankfort, KY 40602-2400