Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, 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 Western Kentucky Correctional Complex did not violate the provisions of KRS 61.870 to 61.884, operating in tandem with KRS 197.025(7), in the disposition of Uriah Pasha's December 14, 2009, request for specifically described grievances. Mr. Pasha is housed at Green River Correctional Complex, and his request "was received by WKCC on or about December 23, 2009." 1 Because WKCC is a correctional facility that is statutorily afforded five business days to respond to an open records request pursuant to KRS 197.025(7), and there were four intervening state holidays and two intervening weekends, the January 4, 2010, response in which WKCC provided Mr. Pasha with copies of the requested records was timely. We therefore find that WKCC did not violate the Open Records Act in this matter.
Because records substantiating these events are apparently no longer available "[d]ue to clerical error," the Attorney General has elected to exercise his discretion in favor of issuing an open records decision notwithstanding WKCC's argument that the matter is moot per 40 KAR 1:030 Section 6. While we find no apparent violation in WKCC's disposition of Mr. Pasha's open records request, we remind the facility that open records requests are scheduled public records that are assigned a three year retention period at Record Series M0016 of the General Schedule for State Agencies which is established by the Archives and Records Commission and incorporated by reference into regulation at 725 KAR 1:061. Repeated clerical errors of this nature may necessitate inquiry by the Kentucky Department for Libraries and Archives. KRS 61.8715. 2
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.
Uriah Pasha, # 92028Klaytor BurdenJonathan S. Milby
Footnotes
Footnotes
1 Justice and Public Safety Cabinet's January 19, 2010, response to Attorney General's notification of Mr. Pasha's appeal. Because the agency's date of receipt is critical in determining agency compliance with the Open Records Act, it is incumbent on the agency to document the actual date of receipt and issuance of response.
2 KRS 61.8715 provides:
The General Assembly finds an essential relationship between the intent of this chapter and that of KRS 171.410 to 171.740, dealing with the management of public records, and of KRS 42.720 to 42.742, 45.253, 171.420, 186A.040, 186A.285, and 194A.146, dealing with the coordination of strategic planning for computerized information systems in state government; and that to ensure the efficient administration of government and to provide accountability of government activities, public agencies are required to manage and maintain their records according to the requirements of these statutes. The General Assembly further recognizes that while all government agency records are public records for the purpose of their management, not all these records are required to be open to public access, as defined in this chapter, some being exempt under KRS 61.878.
(Emphasis added.)