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 Kentucky State Reformatory did not violate the Open Records Act by requiring Pasha to adhere to agency policies relating to submission of records requests. This includes the requirement that he pre-pay for copies of "eight progress notes in [his] electronic medical record that were written by Melissa Gaydos . . ." and provide a self-addressed envelope to eliminate confusion about the proper recipient of the pre-paid copying costs. It is the decision of this office that 95-ORD-105 and 08-ORD-044, copies of which are attached hereto and incorporated by reference, are dispositive of the issue on appeal. At page 5 of 95-ORD-105 the Attorney General recognized that "an inmate must accept the necessary consequences of his confinement, including policies relating to application for, and receipt of, public records, " as long as "those policies do not interfere, or threaten to interfere, with the inmate's statutory right of access to nonexempt public records . . . ." 08-ORD-044, p. 3, 4; accord 12-ORD-117.
The record on appeal does not support Pasha's claim that he has been denied access to the records identified in his request. KSR stands ready to fulfill that request when Pasha adheres to the agency's policies relating to pre-payment for copies. Under these circumstances, we assign no error to KSR.
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, # 092028Marc AbeloveAmy V. Barker