Opinion
Opinion By: Andy Beshear,Attorney General;James M. Herrick,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Kentucky State Reformatory violated the Open Records Act in its disposition of the open records request of inmate Uriah Pasha's December 28, 2016, request for "[a] copy of the Order which legally empowered K.S.R."s [ sic ] Internal Affairs, Captain, Williams to administer oaths per the Circuit Court Manual and the corresponding Kentucky Rules Of Criminal Procedures RCr 2.02." The date-stamped copy in the record indicates that the request was received by KSR Records on December 29, 2016.
On January 5, Offender Information Specialist Kim Campbell replied that "KSR did not create the record you request and does not have such a record in its possession." Mr. Pasha's appeal was received by this office on January 11, 2017.
On January 23, 2017, Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, reiterated that the requested document does not exist and "Inmate Pasha provides no information in his appeal to show that the requested order exists or that KRS has it." A public agency cannot afford a requester access to a record that it does not have or that does not exist. 99-ORD-98. The agency discharges its duty under the Open Records Act by affirmatively so stating. 99-ORD-150. Since there is nothing in the record to indicate that the requested order should exist or should be in KSR's possession, we find no violation of the 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 must be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.