Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Department of Corrections violated the Open Records Act in its disposition of the open records request of Green River Correctional Complex inmate Uriah Pasha. In his request dated November 13, 2012, Mr. Pasha requested "[a] copy of Uriah Pasha # 092028 CPP 17.4 complaint and appeal to Offender Information Services; and the agency's response thereto." The date-stamped copy in the record indicates that the request was received by the Department on November 21, 2012.
On November 27, 2012, Offender Information Specialist Traci Wilson wrote to Mr. Pasha: "I am unable to fulfill your request at this time. Please submit your request to either the institutional records office or our office and specify the date and the subject of the 17.4 you are requesting. I am enclosing and returning your check ? in the amount of $ 2.00." Mr. Pasha's appeal, received by this office on November 28, 2012, asserts that no response was received from the Department. We presume from the timing that the response and the appeal crossed in the mail.
On December 4, 2012, Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, advised as follows:
A search of the offender file indicated that a number of CPP 17.4 complaints had been made by inmate Pasha and the money sent did not cover the expense to obtain all of the records. The date and subject were requested so that the correct record could be located. Inmate Pasha can provide additional information to clarify which record he seeks and the record will be provided upon payment of the cost of the copies and postage. The quickest way to obtain the record is to make a request for the record with clarifying information to the Offender Records Custodian at his institution.
When records are requested by mail, it is necessary that the specific records be "precisely describe[d]." KRS 61.872(3)(b). If the specific complaint by Mr. Pasha could not be identified, and he did not send sufficient funds to obtain copies of all of them, then the Department of Corrections responded properly. A public agency may lawfully require advance payment for an open records request, regardless of whether the applicant is incarcerated.
Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985) ( see also 08-ORD-044 and authorities cited therein). We therefore find no violation of the Open Records Act.
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 # 092028Amy V. Barker, Esq.