Opinion
Opinion By: Jack Conway, Attorney General; Matt James, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether Little Sandy Correctional Complex ("LSCC") violated the Open Records Act in its response to a request for records. We find that the Attorney General has no authority under the Open Records Act to investigate allegations of tampering with a document.
Uriah Pasha ("Pasha") submitted an Open Records Request to LSCC on Mar. 16, 2014. Pasha requested "a copy of Uriah Pasha # 092028 Disciplinary Report DR # :LSCC-2014-00327; Also a copy of CUA-I Lisa Brickey's handwritten report submitted to the Clerk to generate Disciplinary Report DR # :LSCC-2014-00327." LSCC responded on Mar. 17, 2014 that "part I of the requested disciplinary report is enclosed. Part II has not been completed. Mrs. Brickey did not complete a handwritten write up. She enter [sic] the information directly onto the computer. Therefore a handwritten copy never existed and cannot be provided."
Pasha initiated this appeal on Mar. 19, 2014 on the grounds that LSCC "attempted to submit a Fabricated document violative of KRS 524.100-Tampering With Physical Evidence." Pasha alleged various inconsistencies in the disciplinary report. LSCC responded on Mar. 31, 2014 that:
Inmate Pasha appears to raise no issue that can be addressed by the Attorney General's Office in an open records appeal. The Attorney General's Office has acknowledged that it is not the proper forum for and cannot decide issues other than violations of the Open Records Act for appeals initiated under KRS 61.880(1).
"The role of the Attorney General in adjudicating a dispute concerning access to public records is narrowly defined by KRS 61.880(1); this office is without authority to deviate from that statutory mandate." 07-ORD-112. As Pasha himself has been repeatedly advised, "allegations of records tampering or concealment are not justiciable in this forum." 10-ORD-050 n.4; 12-ORD-050. Accordingly, this office is without authority to investigate Pasha's allegations of tampering with his disciplinary report in the context of the Open Records Act.
A party aggrieved by this decision may appeal it by initiating an action in the appropriate circuit court pursuant to KRS 61.880(5)(a). The Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or any subsequent proceedings.
Distributed to:
Uriah Pasha # 092028Beth HarperAmy V. Barker