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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 although Luther Luckett Correctional Complex erred in denying Uriah Pasha's undated requests for a certified copy of the statement of his six month account, LLCC corrected this error by providing Mr. Pasha with a copy of the record, albeit an uncertified copy, after he submitted this appeal. LLCC fulfilled its duty under the Act by providing him with an uncertified copy of the record and had no additional duty under the Act. Accord, 03-ORD-207, p. 2 (recognizing that it is not "incumbent on the [agency] to 'certify the appropriate records in such a manner that the same may be introduced as evidence in a court of law'"). A copy of 03-ORD-207 is attached to this decision and incorporated by reference. That decision is fully dispositive of the only remaining issue on appeal.

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:

Uriah Pasha, # 092028Kalinta UnderwoodSonya AngelAmye V. Barker

LLM Summary
The Attorney General's decision addresses an appeal regarding the Luther Luckett Correctional Complex's (LLCC) initial denial of Uriah Pasha's request for a certified copy of his six-month account statement. The decision finds that LLCC corrected its error by providing an uncertified copy after the appeal was submitted. It concludes that LLCC fulfilled its obligations under the Open Records Act by providing the uncertified copy, referencing 03-ORD-207 to affirm that certification of records for court use is not required by the Act.
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Requested By:
Uriah Pasha
Agency:
Luther Luckett Correctional Complex
Type:
Open Records Decision
Lexis Citation:
2012 Ky. AG LEXIS 222
Cites:
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