Opinion
Opinion By: Andy Beshear,Attorney General;Sam Flynn,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether the Kentucky State Penitentiary (hereinafter "KSP") violated the Open Records Act by denying Inmate Shoults' Open Records request on the grounds that Inmate Shoults did not have enough unrestricted funds in his inmate account to pay for copies of the requested records. In accordance with KRS 61.874(1) and Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985), this Office affirms the denial of Inmate Shoults' request on the grounds that he did not have sufficient unrestricted funds to pay for copying costs.
Inmate Adam Shoults appealed KSP's denial of his March 8, 2017 Open Records request. Inmate Shoults' requested, "music lyrics, canteen receipts from January through February 2017, and his last three property receipts." (paraphrasing). KSP received Inmate Shoults' request on March 10, 2017, and timely responded on March 10, 2017, indicating that Inmate Shoults did not have sufficient funds to pay for the requested copies of the records. Specifically, the March 10, 2017 response states, in part:
You have insufficient funds on your account to pay for the requested copies. Per KRS 61.874(1), which states in part, when copies are requested the custodian may require a written request and advanced payment of the prescribed fee. Copies cost 10 cents per pages. []Resubmit your request when you have appropriate funds to pay for the copies.
KSP's March 10, 2017 response informed Inmate Shoults that he had only one cent in his account, and therefore denied the request. On April 12, 2017, Inmate Shoults appealed KSP's denial of the above-referenced, March 8, 2017, Open Records request, making numerous claims concerning issues other than violations of the Open Records Act. Specifically, Inmate Shoults made claims that he had been assaulted and had filed grievances against certain KSP officers.
KSP contends that its denial of Inmate Shoults' request was proper on the grounds that Inmate Shoults was required to provide prepayment of ten cents per page for the requested copies, and that Inmate Shoults did not have sufficient funds in his Inmate Account to pay the copying charge -- as he had only one cent in his account. KSP also argues that the other concerns addressed in Inmate Shoults' appeal, are not properly before this Office under the Open Records Act.
When copies of public records are requested, "the custodian may require a written request and advance payment of the prescribed fee, including postage where appropriate." KRS 61.874(1). The Open Records Act does not contain a waiver of this requirement for those with indigent status. Under this provision and Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985), the Attorney General has consistently upheld a policy authorizing correctional institutions to require payment before providing inmate requesters with copies of records being sought. 15-ORD-022; see also, 14-ORD-243, 14-ORD-214, 11-ORD-119, 08-ORD-096. Accordingly, KSP's denial of Inmate Shoults' request is affirmed.
Moreover, with respect to the separate concerns addressed in Inmate Shoults' appeal, this Office has previously stated "[t]he 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." 14-ORD-083, at 2, citing 07-ORD-112. Accordingly, this Office is without authority under the Open Records Act to investigate Inmate Shoults' allegations against certain officers in KSP.
Either party may appeal this decision 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.