Opinion
Opinion By: Jack Conway, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Northpoint Training Center (NTC) did not violate the Open Records Act in the disposition of Uriah Marquis Pasha's November 3, 2008, request for a copy of two incidence reports involving him at the institution.
We find no error in the Department's disposition of Mr. Pasha's request. We further find that
Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985) is directly controlling. In Friend v. Rees, a copy of which is attached hereto and incorporated by reference, the Kentucky Court of Appeals held that an inmate is entitled to a copy of a record under the Open Records Act only after he or she has complied with the reasonable copying charge requirement, codified at KRS 61.874(1) and KRS 61.872(3)(b), applicable to all requesters. Accord 95-ORD-105 and 08-ORD-044 (enclosed).
Mr. Pasha may obtain a copy of the records identified in his request upon prepayment of copying and postage charges. NTC's position in this regard does not violate the Open Records Act but is, instead, entirely consistent with the provisions of the Act.
The record on appeal supports NTC's position that it timely responded to Mr. Pasha's request within five business days after its receipt as required by KRS 197.025(7).
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.