Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the actions of the Louisville Metro Department of Corrections (Department) relative to the open records request of Larry Tyus violated the Open Records Act. For the reasons that follow, we are unable to resolve the factual issue as to whether the Department received Mr. Tyus's request and suggest that he resubmit his request, if he has not already done so, and provide the agency with his current mailing address in order that the agency may respond to his request, as required by KRS 61.880(1).
By letter dated February 20, 2003, Mr. Tyus submitted the following request to the Department asking to review "all reports filed by inmates from Jan. 02 to Dec. 31, 02. These reports include those against correction officers, medical personnel, food service personnel and civilian employees."
In his letter of appeal, dated February 27, 2003, Mr. Tyus indicated that, as of that date, he had received no response to his request.
After receipt of Notification and a copy of the letter of appeal, Susan D. Cordery, Assistant Jefferson County Attorney, by letter dated March 7, 2003, provided this office with a response to the issues raised in the appeal. In her response, Ms. Cordery, in relevant part, advised:
The Louisville Metro Department of Corrections is aware that Corrections employees have the responsibility to so notify an inmate of the custodian of records or official custodian. KRS 61.872(4). In this case, the Grievance Counselor is the custodian of inmate grievances at the jail complex.
Although the Grievance Counselor has received many letters from Larry Tyus, the Grievance Counselor never received the letter that is the basis of the appeal. Further, the Grievance Counselor attempted to talk to Larry Tyus on today's date to discuss the whereabouts of this letter; however, Larry Tyus has been released from incarceration on March 4, 2003 (see attached Louisville Metro Department of Corrections booking and arrest summary).
In his letter of appeal, Mr. Tyus argues that his request should have been received as it was mailed via an in-house mailing process. In its response, the Department acknowledged its responsibility to notify an inmate of the custodian of records which, in this case was the Grievance Counselor, but advised that the Grievance Counselor indicated that Mr. Tyus's request, at issue here, had never been received.
Regarding disagreements of this nature between a requester and a public agency, this office, in OAG 89-81, stated:
This office cannot, with the information currently available, adjudicate a dispute regarding a disparity, if any, between records for which inspection has already been permitted, and those sought but not provided. Indeed, such is not the role of this office under open records provisions. It seems clear that you have permitted inspection of some records [the requester] asked to inspect, and that copies of some records have been provided. Hopefully any dispute regarding the records here involved can be worked out through patient consultation and cooperation between the parties.
Insufficient information is presented in this appeal for this office to resolve the factual dispute concerning the actual delivery and receipt of Mr. Tyus's open records request. Accordingly, if he has not already done so, Mr. Tyus may wish to resubmit his request to the Department's Grievance Counselor and provide the Department his current mailing address so that it may properly respond to his request, as required by KRS 61.880(1).
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.
Distributed to:
Larry Tyus3719 Parker AvenueLouisville, KY 40212
Suzanne CorderyAssistant Jefferson County Attorney400 South Sixth StreetLouisville, KY 40202